Scope
N.D. Cent. Code § 14-09.4-02
in effect14-09.4-02. Scope
1. Except as otherwise provided in subsection 2, this chapter applies to a proceeding in
which a nonparent seeks custody or visitation.
2. This chapter does not apply to a proceeding:
a. Between nonparents, unless a parent is a party to the proceeding;
b. Pertaining to custody of or visitation with an Indian child as defined in the Indian
Child Welfare Act of 1978 [25 U.S.C. 1903(4)], to the extent the proceeding is
governed by the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 through 196];
and
c. Pertaining to a child who is the subject of an ongoing proceeding in any state
regarding:
(1) Guardianship of the person; or
(2) An allegation by a government entity that the child is abused, neglected,
dependent, or otherwise in need of care.
3. A nonparent may not maintain a proceeding under this chapter for custody of or
visitation with a child solely because the nonparent served as a foster parent of the
child.
4. An individual whose parental rights concerning a child have been terminated may not
maintain a proceeding under this chapter concerning the child.
5. Relief under this chapter is not available during the period of a custody or visitation
order entered under chapter 14-09.3 or other order dealing with custody of or visitation
with a child of a deployed parent. A custody or visitation order entered before a parent
was deployed remains in effect unless modified by the court.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t14c09-4.pdf#nameddest=14-09p4-02Fetched: 10/16/2026