Williams v. Vraa

Citations

• 2024 ND 30

Syllabus

A court's determination that a petitioner did not establish a prima facie case to support an award of nonparent visitation is reviewed de novo. When we interpret and apply provisions in a uniform law, it must be construed to effectuate its general purpose and we may look to official editorial board comments for guidance. When considering whether a parent is a consistent caretaker, the 12-month requirement of N.D.C.C. § 14-09.4-03(2)(a) need not be consecutive months and need not be immediately preceding the petition when the nonparent caretaker continues significant contact with the child. A party seeking a nonparent visitation is entitled to an evidentiary hearing if he presents a prima facie case by alleging, with supporting declarations, sufficient facts which, if uncontradicted, would support an award of nonparent visitation. In determining whether a prima facie case has been established, the trial court must accept the truth of the moving party's allegations.