dissenting.
[¶ 28] Both custodial and noncustodial parents have a duty to support their minor' children. N.D.C.C. § 14-09-10. Both custodial and noncustodial parents have a right to contact with their children. N.D.C.C. § 14-05-22(2).
[¶ 29] The legislature has acted, seeking to ensure support by the noncustodial parent, see, e.g., N.D.C.C. §§ 14-09-08.1, 14-09-24, and courts have moved strongly to enforce this duty. See, e.g., Zarrett v. Zarrett, 1998 ND 49, ¶ 10, 574 N.W.2d 855. The legislature has acted, seeking to ensure the visitation rights of noncustodial parents, N.D.C.C. §§ 14-05-22(2), 14-09-06.6(6), 14-09-24, and courts must move strongly to vindicate those rights. Berg v. Berg, 2002 ND 69, 642 N.W.2d 899 (Sandstrom, J., concurring in the result).
[¶ 30] The right of noncustodial parents to visitation is not just a statutory right — it is a right of constitutional magnitude. Id. at ¶¶ 30-31. Unless restricted or forfeited by serious misconduct of the noncustodial parent, noncustodial-parent visitation rights must be enforced by court action if necessary.’ See id. at ¶ 32; N.D.C.C. § 14-09-06.6.
[¶ 31] When visitation rights are wrongfully obstructed, courts must move forcefully. The sad history of Hendrickson v. Hendrickson and similar cases reflects that strong, early, not late, court action is necessary. See, e.g., Hendrickson v. Hendrickson, 553 N.W.2d 215 (N.D.1996); Hendrickson v. Hendrickson, 1999 ND 37, 590 N.W.2d 220; Hendrickson v. Hendrickson, 2000 ND 1, 603 N.W.2d 896; Interest of C.H., 2001 ND 37, 622 N.W.2d 720.
[¶ 32] The legislature has provided for a change in custody when there is persistent and willful denial or interference with visitation. N.D.C.C. § 14-09-06.6(5)(b). *416The two-year wait after a prior custody order does not apply. N.D.C.C. § 14-09-06.6(5). The majority correctly states, at ¶ 10:
In resolving a motion to change custody, the trial court must determine (1) whether there has been a significant change in circumstances since the original custody decree, and, if so, (2) whether a change of custody is necessary to serve the best interest of the child. N.D.C.C. § 14-09-06.6(6); BeauLac v. BeauLac, 2002 ND 126, ¶ 12, 649 N.W.2d 210; Kelly v. Kelly, 2002 ND 37, ¶ 15, 640 N.W.2d 38. The party seeking modification bears the burden of showing a change of custody is required. N.D.C.C. § 14-09-06.6(8); BeauLac, at ¶ 12; Selzler v. Selzler, 2001 ND 138, ¶ 21, 631 N.W.2d 564. A trial court’s decision whether to change custody is a finding of fact subject to the clearly erroneous standard of review on appeal. Hilgers v. Hilgers, 2002 ND 173, ¶22, 653 N.W.2d 79; Kelly, at ¶ 13.
[¶ 33] Here, the trial court made no finding as to whether a change in custody is necessary to serve the best interest of the child. See N.D.C.C. § 14-09-06.6(6). The trial court found persistent interference by the mother with visitation and found the father a fit and proper parent. Indeed, contrary to the majority’s unsupported assertion, the trial court’s findings, if anything, seem to suggest that the best interest of the child would be served by a change in custody, but the court decided to give the custodial mother one more chance:
Accordingly, although it appears that significant grounds exist for a change of custody, I decline changing custody at this time in order to allow Danni a final opportunity to fulfill her obligations under the law as a custodial parent which require her to recognize, facilitate, and enforce, rather than obstruct, the visitation rights held by David with the child.
[¶ 34] I would reverse and remand for the trial court to make a specific finding whether “modification is necessary to serve the best interest of the child.” See N.D.C.C. § 14 — 09—06.6(6)(b).
[¶ 35] DALE V. SANDSTROM