N.D. Cent. Code § 14-09.4-07
14-09.4-07. Sufficiency of petition
14-09.4-07. Sufficiency of petition
1.
The court shall determine based on the petition under section 14-09.4-06 whether the
nonparent has pleaded a prima facie case that the nonparent:
a.
Is a consistent caretaker; or
b.
Has a substantial relationship with the child and denial of custody or visitation
would result in harm to the child.
2.
If the court determines under subsection 1 the nonparent has not pleaded a prima
facie case, the court shall dismiss the petition.