Does a grandparent have to prove they have a strong relationship with the grandchild to be granted visitation rights?
In North Dakota, the answer to this question depends on the relationship between the grandparent and grandchild. A grandparent is not automatically granted visitation rights, and must first prove that they have a “strong relationship” with the grandchild before any potential visitation rights are granted. The courts of North Dakota often consider the length and nature of the relationship between the grandparent and grandchild when determining whether a grandparent should be granted visitation rights. This includes looking at how often the grandparent has interacted with the grandchild, and how much the grandparent has contributed to the grandchild’s well-being. For example, financial support, emotional support, and other factors such as participating in special events or outings are taken into consideration. In addition, if the grandparent is asking for visitation rights due to the death or criminal activity of the child’s parent, the court may also consider the circumstances around why the grandparent is seeking the visitation rights. Ultimately, the court will decide whether the grandparent has had a substantial relationship with the grandchild on a case-by-case basis. It is important to note that the court will take into consideration the best interests of the grandchild when making decisions about visitation rights.
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