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 the importance of both parents being involved in major decisions regarding their child's upbringing and sharing parenting time equally. The bill establishes a presumption that both parents are fit to care for their child unless proven otherwise, and it prohibits courts from giving priority to one parent over another based on gender, race, creed, or religion when determining residential responsibility.
Additionally, the bill outlines specific conditions under which equal residential responsibility may be awarded, including considerations for the child's health and the parents' living situations. It also amends existing definitions and factors that courts must consider when determining the best interests of the child, notably removing the moral fitness of parents as a factor. The bill aims to ensure that parental rights are upheld while also protecting the welfare of children involved in custody disputes, and it applies to all actions involving children under the age of eighteen.
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