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?
A: 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 custody/visitation and make a motion for an interim order, bringing the child back to ND, and you would have to deal with it all at a later date anyway -and from a much greater distance away. This can increase the cost of litigation. You should contact an attorney to discuss this in conjunction with the rest of the potentially applicable facts to this type of matter.
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