Asked in Child Custody for North Dakota

Q: Child custody

If my son is 13 and doesn't want to go to his mom's because she treats him bad what can I do? Can I file and go before a judge without an attorney and have my son testify that he wants to live with me? And if she has half custody can she force him to go with her? He said he won't go with her. Thanks

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1 Lawyer Answer
Nicholas Nelson
Nicholas Nelson
  • Wahpeton, ND
  • Licensed in North Dakota

A: Generally, if there is a custody order from the court, the parties must abide by the order even if the parties make their own agreement outside of court. If there is not a custody order, then either parent may bring suit for a custody determination. The court weighs heavily on 12 Best Interest of the Child factors in determining custody. Other law may apply to your case, and you should not rely on this statement in your specific situation. I cannot provide adequate legal advice without first meeting with a prospective client to determine all relevant facts in a specific matter. I hope this helps!

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