Grandparental rights of visitation to unmarried minors - Mediation
or arbitration.
The grandparents of an unmarried minor must be granted reasonable
visitation rights and the great-grandparents may be granted reasonable
visitation rights to the minor by the district court upon application by
the grandparents or great-grandparents unless a finding is made that visitation
is not in the best interests of the minor. Visitation rights of grandparents
to an unmarried minor are presumed to be in the best interest of the minor.
The court shall consider the amount of personal contact that has occurred
between the grandparents or great-grandparents and the minor and the minor's
parents.
This section does not apply to agency adoptions or when the minor has been adopted by a person other than a stepparent or grandparent. Any visitation rights granted under this section before the adoption of the minor may be terminated upon the adoption if termination of the rights is in the best interest of the minor.
An application for visitation rights
under this section may be considered by the district court in conjunction
with a divorce proceeding involving the parent of the minor child. If any
district court of this state retains jurisdiction over the custodial placement
of the minor child or children by virtue of any prior proceedings, the
rights conferred by this section may be enforced by the grandparents or
the great-grandparents through motion under the prior proceeding. If no
district court otherwise has jurisdiction, a proceeding to enforce grandparental
rights may be brought against the custodial parent as a civil action and
venued in the county of residence of the minor child. The district court
may require mediation of the matter under chapter 14-09.1. If mediation
fails and if the mediator agrees, the court may order the dispute arbitrated
by the person who attempted mediation. Joinder of grandparents or of great-grandparents
awarded visitation rights under this section must occur in any proceeding
to terminate parental rights.
Title 14, Chap. 14-09, §14-09-05.1
