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Johnson v. Johnson9/14/2000
nths after taking the child, the parties separated without ever having initiated adoption proceedings or the termination of the child's natural parents' rights. Id. at 476. The court concluded there was a contract between the husband and wife to adopt, care for and support the child and, thus, that the parties effected an equitable adoption. Id. at 478. Following this equitable adoption, the husband had a duty to support the child and the child's best interests required enforcement of that obligation. Id. at 479.
[ ] The current case presents us with circumstances which are similar or identical to those present in the cases above, and we agree with the reasoning employed by those courts. We conclude our state's public policy supports application of the doctrine of equitable adoption and that nothing in North Dakota law bars such an application.
[ ] In circumstances involving child welfare in this state, the best interests of the child are paramount, their importance often surpassing the interests of adults involved. Our statutes mandate that we look to the child's best interests to determine an appropriate outcome in situations involving custody of a child when parents divorce , N.D.C.C. § 14-09-06.2; the appointment of a guardian ad litem for a child, N.D.C.C. § 14-09-06.4; imposition of supervised visitation between a child and an abusive parent, N.D.C.C. § 14-05-22; modification of a child custody arrangement following a divorce judgment, N.D.C.C. § 14-09-06.6; the custody of an illegitimate child, N.D.C.C. 14-09-05; placement of a juvenile offender outside her home and possibly out-of-state, N.D.C.C. § 27-20-02; placement in treatment services for children with serious emotional disorders, N.D.C.C. § 50-06-06.13; and the disposition of a deprived child, N.D.C.C. § 27-20-30. We also look to the child's best interests in determining whether and how much child support to award. N.D.C.C. § 14-09-09.7; see also N.D.A.C. Ch. 75-02-04.1.
[ ] In addition, our case law shows a consistent recognition that the best interests of children take precedence in cases involving their well-being. Our Court has stated that while visitation is a privilege of a non-custodial parent, it is a right of the child, and that such visitation is presumed to be in the child's best interests. Hendrickson v. Hendrickson, 2000 ND 1, 21, 603 N.W.2d 896. We have also stated the "primary purpose of visitation is to promote the best interests of the children, not the wishes or desires of the parent." Moilan v. Moilan, 1999 ND 103, 29, 598 N.W.2d 81. We have held a child's best interests may require scheduled visitation with someone who is not the child's parent. Love v. DeWall, 1999 ND 139, 8, 598 N.W.2d 106. We have developed factors to be considered when determining whether a change of residence of a custodial parent is in a child's best interests. Stout v. Stout, 1997 ND 61, 34, 560 N.W.2d 903. Finally, we have held that a psychological parent may be given custody of a child, and that the child's best interests must be considered in determining whether to place a child in the custody of such a non-parent third-party. Hamers v. Guttormson, 2000 ND 93, 5, 610 N.W.2d 758.
[ ] We conclude the public policy of this state, expressed through both our statutes and this Court's case law, requires protection of the welfare and best interests of children. Applying the doctrine of equitable adoption to impose a child support obligation, when the circumstances of the case require it, fully comports with this public policy.
[ ] In addition, we conclude nothing in the law of this state bars application of the doctrine in the context of a child support obligation. First, the existence of statut
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