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North Dakota Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Without $ for an attorney, how do i get a court order inforced?

Father refuses to follow any part of court order, very controlling will not even speak with me or even read messages even though they are concerning my son. He knows I don't have money for an attorney and uses that to keep my son.

Lucas Wynne
Lucas Wynne
answered on Jul 5, 2024

Call legal services or learn how to file a motion from the state courts website and ask for an order to show cause

1 Answer | Asked in Child Custody, Family Law and Civil Rights for North Dakota on
Q: Can I sue the county for my child failing for cocaine in their cuostdy for irreparable damages
T. Augustus Claus
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answered on Sep 27, 2023

If your child tested positive for cocaine while in county custody, you might have a case for negligence or other claims, depending on the circumstances and state law. However, successfully suing a county government often involves overcoming various legal hurdles, including immunity defenses.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: How do I start the parenting plan process when I know that second party will not agree or sign.
Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

Hire a lawyer and force the other parent's hand.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can I move back to Minnesota with my kids after 2.5 months living here?

My boyfriend is the father of my two kids. We moved here 2.5 months ago. He had been sober but right after moving here started drinking again. We are not married and have no kind of custody agreement. His family is going to help me leave. Am I able to take the kids back to Minnesota legally?

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

No attorney can provide you specific advice on this situation without knowing more. Generally, however, no custody order means no rights have yet been established for either party.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: My ex husband and i have a parenting plan in place and he has not followed any of it. Can i have court change it?

We agreed on parenting plan Dec.31 2019 and he has not attempted any visitation since october 2019. He has distubed my sons emotional wellbeing and.development with his actions towards him. We have tried contacting him via phone and he either ignores us or hangs up. There has been no attempts to... View More

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

This question is too hypothetical. A court, however, certainly has the authority to issue an order.

1 Answer | Asked in Child Custody and Child Support for North Dakota on
Q: Does a father have as much custody as the mom without going to court yet? In ND.

The mother wont let the father see his daughter. The mother moved to a different town farther from him and she is denying him his rights to see her. No court order has been made yet but she hasnt talked to him since July and she ignores every message she sends him. She also has him blocked on... View More

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

Without a court order, neither has many rights (if any) at all. Time to file a custody proceeding.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: I am trying to get my nephew a legal aid lawyer so he can get custody of my niece. The Mother has just passed away.

The father is out of the picture. Will you please lead me in the right direction?

Lucas Wynne
Lucas Wynne
answered on Oct 14, 2020

Sure! Firstly, your nephew needs to be making the calls rather than you. But the website you needs is legalassist.org, which is for Legal Services of North Dakota.

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for North Dakota on
Q: My daughter needs to appeal a Child Custody Judgement that was dated July 23, 2020. Im going to file the appeal.

The grand parents intervened after mediation was completed. My daughter lawyer quit because of funding,. so she had no representation at the Zoom trial. The fathers parents had attorney.My daughter and father were never married, his parents took my daughters son when she took a apartment in... View More

Charles William Michaels
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Charles William Michaels
answered on Jul 30, 2020

First, I am not at ND lawyer. That being said, if you have a final judgment--or if there's an exception to the final judgment rule, in either the statutes or appellate court Rules in ND--I would definitely answer yes, you can appeal. But be aware, usually you have 30 days to note the ap peal... View More

1 Answer | Asked in Child Custody and Immigration Law for North Dakota on
Q: What are the rights of a foreign mom to take her child with her in case of deportation, if american husband disagrees?

My sister is doing a medicine recidency and her program might be cut off. In case that happens she will be deported to Peru. Her husband would start the procedure for her to return to the states as his wife, but does not want the baby to leave the usa. What are my sisters´ rights, if she wants to... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Feb 12, 2020

That is more of a family law question. If your sister is awarded custody, or if the baby’s father allows your sister to take the baby, then she should have no issues.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: What happens if a defendant does not respond to custody papers? Does that mean default custody is given to the plaintiff

I have filed for custody of my son and the defendant has been served in the state of MN. If she does not respond after the 21 days given to respond, what is expected to happen then?

Lucas Wynne
Lucas Wynne
answered on Feb 4, 2020

A default judgment could occur in which you are awarded all that you have asked for in the complaint. However, the judge is still going to review that judgment to make sure the requests are compliant with the law.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Dakota on
Q: Mom and dad are in school together dad is 18 mom 16. Dose the father have same rights as mother to the new born baby

They have dated almost two years he was 17 she was 15. They are still in school. But the mother to the 16 year old won’t let dad see the baby .

Lucas Wynne
Lucas Wynne
answered on Feb 4, 2020

A father's rights are not there from the get-go. A child custody proceeding sounds necessary.

1 Answer | Asked in Child Custody for North Dakota on
Q: Grandparent custody and moving the kids from North Dakota

My grandchildren are living in North Dakota with her father he has only had custody for 3 years prior to that they lived with my husband and I in Washington State. They are 13 and not happy or well taken care of by their father and stepmother there have been issues with physical and verbal abuse... View More

Lucas Wynne
Lucas Wynne
answered on Feb 4, 2020

If they have been living in North Dakota the requisite amount of time, then it may be time for a child custody proceeding to be initiated.

1 Answer | Asked in Child Custody for North Dakota on
Q: Can the court require legal representation to have a case heard?

A friend of mine is trying to get custody of her son who is being emotionally abused by his father (he has physical custody and they both live in ND). The courts are telling her they won't hear the case unless she has legal representation. She makes too much for legal aid and doesn't have... View More

Lucas Wynne
Lucas Wynne
answered on Oct 11, 2019

I feel as if information may be missing with this story. The facts are too vague, but a person DOES have the right to represent themselves.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: Can custodial parent move over 150 miles away in same state (north dakota)?

Also can they require the non-custodial parent to travel more than half the distance for their parenting time? Can the custodial parent deny weekday visits saying they can only do visits at a location closer to the custodial parent. Even if this language is not in the court order? The move was also... View More

Lucas Wynne
Lucas Wynne
answered on Oct 11, 2019

The court order contains all of the requirements. Everything else is just the other parent trying to pull a fast one. An order cannot require that a person never moves - but a person moving could, potentially, have other implications. Unfortunately, you will not get specific advice on this... View More

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: In our custody agreement, my ex-husband has primary residential responsibility. Our split is 51/49, me being 49%.

If he is planning a trip out of state, is he supposed to make me aware of when they are leaving, for how long and where they are going? As well as obtain my permission to cross state lines with them?

Lucas Wynne
Lucas Wynne
answered on Aug 7, 2019

The order should address these issues. A lawyer here would not know the answer to that question without reviewing the order.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: Can I take my child to an outof state wedding

I am not married to the childs father. He did sign an awknowledgement of paternity. He is saying if I take my daughter to my best friends wedding he will call me in for kidnapping. There is no custody agreement of any kind. He Is trying to force me to leave her with a coworkers wife whom I've... View More

Lucas Wynne
Lucas Wynne
answered on Jun 23, 2019

No

1 Answer | Asked in Child Custody for North Dakota on
Q: The father to my son is a married man. My son is 8 months old and we have no custody arrangement.

He has not seen my son in over 4 and I have never received any financial support or help with medical bills. I believe his wife hates my son and feel if he asked to have him for a day would Not be a good situation. Can I file for 100% custody? We live in North Dakota.

Lucas Wynne
Lucas Wynne
answered on May 22, 2019

If the 6 month residency requirement is met, you can likely file for custody in North Dakota. Consult with an attorney.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: I'm in a same sex relationship and my spouse is pregnant with another person's child. Do I have any parental rights?

Spouse got pregnant after being married for 3 years.

Lucas Wynne
Lucas Wynne
answered on Feb 21, 2019

No

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: If I wanted to take the mother of my child to court for visitation rights would I need an attorney in the state she's in
Lucas Wynne
Lucas Wynne
answered on Dec 3, 2018

Generally, you will need an attorney in the state where the child has resided for the past six months.

1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on
Q: How can i change my parenting plan if both party's agree.

my ex and I have 2 kids and a current parenting plan. in are plan it states that we are to revisit it when my oldest child starts school. we have talked about it and have agreed on a change in parenting time. I'm wondering what steps i need to take now to make it part of the plan and for child... View More

Lesley B Foss
Lesley B Foss
answered on Oct 19, 2018

You would need to write up and file with the Court a written Stipulation reflecting what provisions of the Judgment you've agreed to modify. Both parties would need to sign and notarize the Stipulation. You then need to prepare and file a proposed Order and a proposed Amended Judgment.

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