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North Dakota Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for North Dakota on
Q: how do I stop child support for a child that has been living on his own for 2 yrs, outside of PR?

Mom has been receiving the money and hasn’t given my son any of it. He has been living in North Dakota for 2 yrs, supporting himself. How can I stop the child support (close the case) and can I sue his mother to get back the money that belonged to taking care of him.

Michael David Siegel
Michael David Siegel
answered on Feb 21, 2018

Bring an application in the court that entered the order.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Man has his children staying with ex wife. He has rights to see them but she refuses contact. What can be done?
Lucas Wynne
Lucas Wynne
answered on Feb 15, 2018

Simple, you bring a motion in court to see the children.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Hi Can a mother control how a father spends time with his child epically if he's married and has other kids with wife
Gregory William Liebl
Gregory William Liebl
answered on Feb 13, 2018

The answer is "it depends." Is there a Judgment? What does the Judgment say? If there is no Court Order/Judgment, then the father should have as much of a right to the child as the mother does. You should contact an attorney as this situation is very fact dependent.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can father of child keep child away from mother without any contact or court order in court
Nicholas Nelson
Nicholas Nelson
answered on Feb 9, 2018

NDCC 14-09 deals with parental rights. Generally, both parents have rights unless otherwise ordered by the court. More information is needed to render any further legal advice. Good luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on
Q: Do I need an attorney and if so from which state, I live in ND but parenting plan was from FL

In 2012 judge granted me to relocate to TN from FL w/daughter. In 2014 we moved to ND, her dad was fine with. Our son that stayed w/dad has flown up here many times. Daughter has never been asked by dad to visit and he never calls her. I’m now seeking support so dad has filed contemp for not... View More

Gregory William Liebl
Gregory William Liebl
answered on Jan 30, 2018

It never hurts to consult an attorney. The laws on moves out-of-state vary between states and so it is important to know where he brought his motion. You should probably call an attorney in the state he brought the motion to see what your options are.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Q: Does joint split custody exist to where neither parent pays the other child support? Can fathers win a case like this?

Why do fathers have no right or avenues to have equal rights when it comes to the child? I am married with two other kids with my current wife. I would like my child support for my oldest lowered or have equal custody so I can take care of the needs of all my children. Instead of giving the mom... View More

Lucas Wynne
Lucas Wynne
answered on Jan 23, 2018

Even with equal residential responsibility, the person who makes more money will still be required to pay the other child support.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can I leave north Dakota with my child without consent?

Never married to the father. We have no court orders for custody. Would I be able to leave north Dakota with my child?

Gregory William Liebl
Gregory William Liebl
answered on Jan 19, 2018

According to the plain language of the statute in ND you could leave without his consent or a court order. As a practical matter; however, it is a good idea to get his permission or a court order regardless. This is because, if you leave without his permission he may bring an action for... View More

2 Answers | Asked in Divorce, Family Law and Child Support for North Dakota on
Q: Can you make your own child support agreement In the state of North Dakota? If both partner agree to the terms?
Nicholas Nelson
Nicholas Nelson
answered on Feb 9, 2018

Parties may stipulate to child support in a contract the parties drafted themselves, but as Attorney Wynne indicated, a Court must still sign off on it. Generally, a Court is likely to sign off on the stipulation if the terms are fair and are in the best interest of the child. I hope this helps!... View More

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2 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: While incarcerated my son went to Seattle 8 years ago for a felony marijuana charge... No trouble since then. How can I

Get visits or custody back. Son now lives with his dads ex

Gregory William Liebl
Gregory William Liebl
answered on Jan 5, 2018

The answer is largely dependent on what has happened in the last eight years. Also, if he has lived in Washington for that long, it is likely that state has jurisdiction according to the Uniform Child Custody Jurisdiction and Enforcement Act. That means any legal action would likely need to be... View More

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1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Lost my children due to being a unstable mother 2 1/2 years ago.

Since they have fix myself to get them back . All my programs I have done say I am ready to have them back they will tell the judge I am stable. The father has not let me see them for a 2 years. He gave them up to a family member due to Social Service involvement for about a year now. I did not... View More

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

Call Legal Services of North Dakota.

1 Answer | Asked in Adoption and Family Law for North Dakota on
Q: I want to adopt my ex fiance`s daughter but they live in another state.

Me and my ex fiance dated for 7 years or so and split and share a son together. She has a daughter from another ex that is in and out of prison. Her daughter is now award of the state, AZ, and I want to adopt her and she wants me to as well to come live with her brother and I. She lives with her... View More

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

You should contact an adoption lawyer in Arizona.

2 Answers | Asked in Civil Litigation, Family Law and Landlord - Tenant for North Dakota on
Q: Do I have a legal right if I have two kids to live in our leased twinhome over my spouse?

We recently separated. Living with relatives for the past week, I have two kids with me. Me, my 19year old, and my spouse are on the lease. Do I have any rights because I have kids, one under 18. Or are we supposed to be homeless.

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

You need to call an attorney to address this question. Adequate advice for this issue cannot be provided online.

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3 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: Can a DUI from 10 years ago affect my ability to win sole custody over my daughter now?
Gregory William Liebl
Gregory William Liebl
answered on Dec 15, 2017

The short answer is that it probably won't affect your custody case, but a lot of other variables can come in to play. If it is truly 10 years or older, you may even be able to keep the judge from hearing about it under the North Dakota Rules of Evidence. You should still seek out an attorney... View More

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2 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: Can I move out of state with my child without the father's consent. Not married. No custody agreement
Gregory William Liebl
Gregory William Liebl
answered on Dec 8, 2017

In North Dakota you need the other party's consent or a Court order to move, if there is a custody/visitation Judgment giving him time with the child. This being said, I would proceed with caution and consult an attorney before doing so. There are some potential risks to taking off prior to... View More

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1 Answer | Asked in Family Law for North Dakota on
Q: Can you sue in small claims if defendant’s lawyer did all the agreement & filing when plaintiff no longer has a lawyer?

For 6 months, the plaintiff didn’t have a lawyer. I’m the defendant. I won full child custody during the school year & every other weekend in the summer. We settled out of court. But my lawyer had to do a lot of communication between the both of us which I was charged for. Plus the... View More

Lucas Wynne
Lucas Wynne
answered on Dec 1, 2017

You are out of luck on this one. The plaintiff is not entitled to pay you. It was your choice to hire a lawyer and hiring a lawyer was for your benefit, not the plaintiff's.

1 Answer | Asked in Divorce, Family Law and Child Custody for North Dakota on
Q: Can I chose which parent to live with at 16 in North Dakota?
Lucas Wynne
Lucas Wynne
answered on Nov 2, 2017

A judge may consider your preference at the judge's discretion. However, the judge is not required to agree with your preference.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for North Dakota on
Q: Can a statement from fiancee be used against defendant in DV case if they're married by court date
Lucas Wynne
Lucas Wynne
answered on Oct 15, 2017

You need to consult with a lawyer to specifically address your question. Unfortunately, addressing this question on the internet could be detrimental to your case.

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for North Dakota on
Q: I've lived with my bf for 2 yrs. He owns the house. Do I have any legal right to temporarily stay?

There are no children involved. There was never any agreement for rent etc. He had a mild stroke about a month ago. He needs help with some chores and taking care of the pets. I have no other home and all my belongings are here. I left my teaching job to be with him. Towards the end of the school... View More

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

Your question is unclear as to whether you are being forced out. This would help in evaluating your question. Without this information, your question is difficult to address.

1 Answer | Asked in Family Law and Juvenile Law for North Dakota on
Q: Im still in school an I turn 18 in November do I have to stay at home with my mother or can I move out

I wanna leave my house after I turn 18 an live on my own but my mom claims I cant till im done with school

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

At the age of 18, you can leave. However, you must also support yourself.

1 Answer | Asked in Family Law for North Dakota on
Q: CPS came into my children's school and removed all of them from my husband and me. They then gave me 3days to find any

Kind of help. There was never no legal papers signed by a judge at anytime. I went to the team mtg at the village family center and they put me on a plan. Which I never signed and they still took my kids. No one will get back to me from there and the worker that started all this has a personal... View More

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

You should contact the nearest legal services office and see if they might assist you.

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