1. A court may order custody or visitation to a nonparent if the nonparent proves: a. The nonparent: (1) Is a consistent caretaker; or (2) Has a substantial relationship with the child and denial of custody or visitation would result in harm to the child; and b. An order of custody or visitation to the nonparent is in the best interest of the child.

2. A nonparent is a consistent caretaker if the nonparent without expectation of compensation: a. Lived with the child for not less than twelve months, unless the court finds good cause to accept a shorter period; b. Regularly exercised care of the child; c. Made day-to-day decisions regarding the child solely or in cooperation with an individual having physical custody of the child; and d. Established a bonded and dependent relationship with the child with the express or implied consent of a parent of the child, or without the consent of a parent if no parent has been able or willing to perform parenting functions.

3. A nonparent has a substantial relationship with the child if: a. The nonparent: (1) Is an individual with a familial relationship with the child by blood or law; or (2) Formed a relationship with the child without expectation of compensation; and b. A significant emotional bond exists between the nonparent and the child.