This bill amends the North Dakota Century Code to enhance parental rights and responsibilities, particularly by promoting equal residential responsibility and establishing a presumption of fitness for both parents. It introduces new definitions such as "equal decisionmaking responsibility" and "equal parenting time," which aim to ensure that both parents are actively involved in significant decisions regarding their child's upbringing and share parenting time equally. The bill also shifts the burden of proof in custody cases, presuming both parents are fit to care for their child unless evidence suggests otherwise. Additionally, it prohibits courts from favoring one parent over another based on gender, race, creed, or religion when determining residential responsibility.

Moreover, the bill outlines specific conditions under which the presumption of fitness can be challenged, including cases of domestic violence, neglect, or abuse. It mandates that courts consider the history of self-harm and potential harm from individuals in a parent's household when assessing a child's best interests. The legislation also establishes that a parent with primary residential responsibility cannot relocate a child without the other parent's consent or a court order, while parents with equal responsibility must also seek consent for relocation. Exceptions are made for situations where the other parent has not exercised parenting time for a year or has moved a significant distance away. The bill aims to streamline post-judgment modifications of parental responsibilities, easing the burden of proof for initial motions filed after its effective date.

Statutes affected:
INTRODUCED: 14-09-00.1, 14-09-06.2, 14-09-07