By North Dakota’s :November 4, 2014, ballot includes an equal parenting initiative statute for fathers’ rights in custody cases.
Interestingly, all 25 members of the sponsoring committee for the petition are women. The statute, if approved, will add the following to North Dakota law:
Interestingly, all 25 members of the sponsoring committee for the petition are women. The statute, if approved, will add the following to North Dakota law:
- The North Dakota state policy will be that “no requesting biological or adoptive parent shall be denied equal parental rights and responsibilities, parenting time, primary residential responsibility and decision-making responsibility of a child in a custody case”;
- A legal presumption that each parent in a child custody case is fit to parent, unless “clear and convincing evidence” demonstrates otherwise;
- A legal presumption that as both parents are presumed fit, an award of equal parental rights and responsibilities, parenting time, primary residential responsibility, and decision-making responsibility of a child is in the best interest of the child;
- The requirement that the presumption of fitness may only be rebutted by clear and convincing evidence;
- The requirement that the court shall support departures from equal parenting time with written findings of fact and conclusions of law.