Q: Can a judge in North Dakota make a parent choose between custody and dating someone with a past criminal record?

A: In North Dakota, custody decisions are always based on what the court believes is in the best interests of the children. A judge cannot arbitrarily force a parent to choose between custody and dating someone, but the judge can consider the safety and well-being of the children when evaluating the parent’s relationships. If your past criminal record is raised, the court may look at the nature of the offense, how long ago it happened, and whether there has been any evidence of ongoing risk.

Because your conviction was over 15 years ago, the judge may weigh that against your current stability, rehabilitation, and lack of recent problems. The ex-husband’s concerns alone will not be enough unless he can show that your presence poses a danger to the children. However, judges do have wide discretion, and if they believe your history could negatively impact the children, they could place restrictions on visitation or custody arrangements.

Your girlfriend’s best approach is to demonstrate that the children are safe, thriving, and well cared for in her custody regardless of her relationship with you. The court will pay close attention to whether her parenting is consistent, supportive, and protective of the children’s best interests. Ultimately, the decision will be based on evidence, not assumptions, so showing stability and responsibility will be the key to overcoming the ex-husband’s claims.