Brooklyn, NY asked in Child Custody for North Dakota

Q: ND custody filed no order in place can other parent leave the state with her children

Was just served with divorce and custody papers today. I am looking to go back to PA with my parents and take my 3 children. Can I legally leave with the if there is no order in place?

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

A: North Dakota Century Code 14-09 deals with custody of children. 14-09-07. Residence of child. 1. A parent with primary residential responsibility for a child may not change the primary residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree. 2. A parent with equal residential responsibility for a child may not change the residence of the child to another state except with consent of the other parent or order of the court allowing the move and awarding that parent primary residential responsibility. 3. A court order is not required if the other parent: a. Has not exercised parenting time for a period of one year; or b. Has moved to another state and is more than fifty miles [80.47 kilometers] from the residence of the parent with primary residential responsibility.

This is general legal information, and I cannot provide adequate legal advice without first discussing with you at length the particular facts and circumstances of your matter.

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