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child custody is awarded according to the best interests and welfare of the child, and based on the following factors:
(1) moral fitness of the parents; (2) capability and desire of each parent to meet the child's needs including food, clothing, medical care, and other material needs; (3) preference of the child, if the child is of sufficient age and capacity; (4) the love and affection existing between the child and each parent; (5) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; (6) the child's adjustment to his or her home, school, and community; (7) the mental and physical health of all individuals involved; (8) the stability of the home environment likely to be offered by each parent;
(9) the child's interaction with anyone who resides with a parent, including such person's history of violence of any type; (10) any spouse or child abuse, sexual abuse, or history of domestic violence or violence of any type; (11) the capacity and disposition of the parents to give the child love, affection, guidance, and continue the child's education; (12) the permanence, as a family unit, of the proposed or existing custodial home; (13) the making of any false accusations by 1 parent against the other; and (14) any other factors.
Any evidence of child or spouse abuse or domestic violence creates a presumption that custody or visitation with that parent would not be in the best interests of the child. If there is any evidence of sexual abuse of a child, the court is required to prohibit any visitation or contact with that parent unless the parent has completed counseling and the court determines that supervised visitation is in the best interests of the child. Both parents are considered to be equally entitled to custody of a child.
[North Dakota Century Code; Volume 3A, Chapters 14-05-22, 14-09-06, 14-09-06.1, and 14-09-06.2].
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