This bill proposes significant amendments and new provisions to Chapter 14-09 of the North Dakota Century Code, focusing on parental rights and responsibilities, equal residential responsibility, and the presumption of fitness for parents. Key insertions include definitions for "equal decisionmaking responsibility" and "equal parenting time," which emphasize shared decision-making and equal time spent with each parent. The bill establishes a presumption that both parents are fit to care for their child unless proven otherwise, and it prohibits courts from prioritizing one parent over another based on gender, race, creed, or religion when determining residential responsibility. Additionally, it outlines conditions under which equal residential responsibility should be awarded and the factors that courts must consider regarding the best interests of the child.

The bill also amends existing definitions and factors related to the best interests of the child, removing the consideration of the moral fitness of parents and emphasizing the importance of a child's health and safety. It introduces new provisions regarding the legitimacy of children and parents, ensuring that no individual is denied equal protection under the law without due process. Furthermore, it clarifies that a parent with primary residential responsibility cannot change the child's residence to another state without the other parent's consent or a court order. Overall, the bill aims to create a more equitable framework for determining parental rights and responsibilities, prioritizing the child's welfare while ensuring fairness in legal proceedings.

Statutes affected:
INTRODUCED: 14-09-00.1, 14-09-06.2, 14-09-07
Prepared by the Legislative Council staff for Senator Cory: 14-09-00.1, 14-09-06.2, 14-09-07
FIRST ENGROSSMENT: 14-09-00.1, 14-09-06.2, 14-09-07