Presumption for parental decision
N.D. Cent. Code § 14-09.4-04
in effect14-09.4-04. Presumption for parental decision
1. In an initial proceeding under this chapter, a decision by a parent regarding a request
for custody or visitation by a nonparent is presumed to be in the best interest of the
child.
2. Subject to section 14-09.4-14, a nonparent has the burden to rebut the presumption
under subsection 1 by clear and convincing evidence of the facts required by
subsection 1 of section 14-09.4-03. Proof of unfitness of a parent is not required to
rebut the presumption under subsection 1.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t14c09-4.pdf#nameddest=14-09p4-04Fetched: 10/16/2026