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 need for both parents to communicate and agree on major decisions regarding their child. The bill establishes a presumption that both parents are fit to care for their child unless proven otherwise by clear and convincing evidence. Additionally, it prohibits courts from giving priority to any parent based on gender, race, creed, or religion when determining residential responsibility.

The bill also outlines specific conditions under which equal residential responsibility should be awarded, emphasizing that it should be granted unless a parent is deemed unfit or certain detrimental circumstances exist. It includes provisions for parenting schedules, particularly for parents with special needs children or those on active military duty. Furthermore, the bill amends existing sections to clarify that the best interests of the child factors cannot be considered unless a parent is found unfit, and it introduces new language regarding the residence of a child, ensuring that changes in residence are subject to court approval or written consent from the other parent. Overall, the bill aims to create a more equitable framework for determining parental rights and responsibilities in North Dakota.

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