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North Dakota Child Custody Questions & Answers
1 Answer | Asked in Child Custody for North Dakota on
Q: who has legal custody of a child if there is no court order for custody of that child.

the parents are married but been separated for over year

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Sep 16, 2018

Legally, both parents still have custody (absent an agreement otherwise)

From a practical perspective, if one parent has physical custody, that parent will be making decisions

1 Answer | Asked in Child Custody for North Dakota on
Q: My 11 yr old daughter has been telling me she doesn’t want to come to my place I have joint physical custody of her

I have been really lenient at making her come over I am at the point right now where I no longer am willing to let her decide when she does n doesn’t want to come over all we have is a verbal agreement on days I have her and her dad has her

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Sep 16, 2018

There's the legal answer, and the practical answer.

Assuming her dad is supportive, I strongly recommend talking it through with your daughter and trying to get her to understand and come willingly. Forcing a child to come against her will might be more damaging to your relationship...
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1 Answer | Asked in Child Custody for North Dakota on
Q: Can a mother refuse a father from seeing his child? There is no court orders or anything. He is paying child support.

She is using their daughter as a pawn to control him... she is vindictive and verbally/mentally abusive to him. She told him that if he doesnt pay he doesnt get to see their daughter.... he is paying child support, she is referring to extra money.

Lucas Wynne
Lucas Wynne
answered on Aug 31, 2018

No order = no established rights. Time to bring it to court.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Dakota on
Q: After being together 13 years, I broke up with my now ex. As retaliation he won’t let me see my daughter

I’m originally from Wa, and have lived in North Dakota with my daughter up until a year and a half ago when I needed immediate medical attention because of severe Crohn’s disease, malnutrition and heart failure. I am now on the mend and would like my daughter to live with me in Wa because that... View More

Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 24, 2018

For starters, you should report the guns as stolen to the police.

If you have proof of any of what you said, seek help from an attorney to get full custody and a restraining order.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: If parents were never married but the children has fathers last name who has legal custody
Stefan Dunkelgrun
Stefan Dunkelgrun
answered on Aug 7, 2018

If the parents are unable to sort it out between the two of them, the matter would need to go before a judge. Without further information, it is impossible to determine the outcome of such a proceeding.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Q: Child custody

We were living in oklahoma from April 2017 to April 2018. My children's dad and I decided to move back up to North Dakota. And he went back to Oklahoma for work and we ended up splitting up a month and a half later. He's threatened to take the kids away from me in the past. He raped me... View More

Nicholas Nelson
Nicholas Nelson
answered on Jun 18, 2018

Your question has multiple factors that cannot be adequately answered without a full consultation.

However, general speaking, a parent may bring a custody dispute in ND if the child lives in ND. To protect your parental rights, you may want to file for a judicial order that gives you...
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1 Answer | Asked in Child Custody for North Dakota on
Q: If I'm a primary parent of a 4 year old am I able to move within the state of North Dakota?
Lucas Wynne
Lucas Wynne
answered on Jun 7, 2018

You should consider the ramifications of such a move before making the move. Those ramifications are dependent on whether a court order is in place and whether doing so might give another party reason to bring a motion as to the current situation with your child.

1 Answer | Asked in Child Custody for North Dakota on
Q: how do i file for full custody of my son when his father is abusive and doesnt know how to raise a baby?

i dont feel safe letting him be around my son and myself for that matter because hes fired a gun in the house, hes pulled a nife on me and has a very bad temper.

Lucas Wynne
Lucas Wynne
answered on May 10, 2018

You should likely hire an attorney or call legal services. If not, you can go to NDCourts.gov and get the DIY paperwork.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: My son hates going to his father's - he's 10 is there anything he can do so that he doesn't have to go? He hates it.

We have been divorced since 2009 (my son was 2) and as my son has gotten older, he hates going down to his father's - to the point it will make him sick. His dad is never around to spend time with him on his weekend, his new wife/children are mean to my son, and when he's there, he is to... View More

Lucas Wynne
Lucas Wynne
answered on May 5, 2018

The court order controls. If you dislike the court order, however, you can make a motion to modify it under certain circumstances.

1 Answer | Asked in Child Custody for North Dakota on
Q: Do we go to mediation?

I was served a summons for joint residential responsibility in North Dakota. I agree it should be joint. If I fill out the answer to the summons as I agree to all, do we then go to mediation to determine the details of said joint custody? Or does the court determine a parenting plan? i.e. what... View More

Lucas Wynne
Lucas Wynne
answered on Apr 18, 2018

Mediation will help you settle remaining disputes without court intervention, which is beneficial to both parents, the children, and the court. Frankly, however, you should not be handling this on your own - there are too many "gotchya" laws that an result in unfair child support payments... View More

1 Answer | Asked in Child Custody for North Dakota on
Q: I gave my wife permission to travel with my kids to Mexico but does not want to return them back. What can I do? Thanks
Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

If you do not have a court order on custody, you should seek a court order. N.D.C.C. 14-09 deals with Child Custody.

This is general legal information, and I cannot provide adequate legal advice without first speaking with you at length about the facts and circumstances of your particular...
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1 Answer | Asked in Child Custody for North Dakota on
Q: Can I relocate 35 miles in state from non-custodial parent to be closer to work without letter of intent in ND?

I have found an affordable apartment right next to my work place 35 miles away from the non-custodial parent. My move will not affect his parenting schedule whatsoever and the move will benefit my daughter because I will be able to spend more time with her instead of her going to daycare during my... View More

Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

Generally, the express terms of the Divorce Decree will prevail. However, I am unable to provide adequate legal advice without first speaking with you at length about the particular facts and circumstances of your situation.

1 Answer | Asked in Child Custody for North Dakota on
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?

Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

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,... View More

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: boyfriend alcoholic son 10, we thought he wouldn't be so verbally abusive if he quit drinking, can I move to mo with
Lucas Wynne
Lucas Wynne
answered on May 5, 2018

This question cannot be answered without an attorney knowing if there is a court order in place.

1 Answer | Asked in Family Law, Criminal Law, Child Custody and Child Support for North Dakota on
Q: Friend had baby not married to the father. Father took son, & keeping him from her. Don't know where son is. Illegal?

He isn't letting her, see, talk, or know anything of her child well-being. The are unmarried, and both on birth certificate.

Gregory William Liebl
Gregory William Liebl
answered on Mar 26, 2018

Like most legal answers, it really depends. What state are they living in? Is there an Order/Judgment in place? In North Dakota, if there isn't anything in place, he has as much of a right to the child as the mother does. That being said, he should not keep the child from her. There are... View More

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Divorce for North Dakota on
Q: I am recently divorced but filed a appeal to get custodial rights so does that mean I’m married or divorced?
Lucas Wynne
Lucas Wynne
answered on Mar 18, 2018

You're divorced, an appeal won't impact being divorced.

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: Is it possible to get full custody of a child in North Dakota?

His father is a danger to himself I don't want him around my son without some sort of supervision. His father lives in MN, my son and I live in ND.

Nicholas Nelson
Nicholas Nelson
answered on Mar 2, 2018

Yes, it is certainly possible. North Dakota Century Code Chapter 14-09 deals with child custody. The court heavily weights the twelve best interest factors as stated under NDCC 14-09-06.2. I hope this helps!

*DISCLAIMER* This is general legal information, and I cannot provide adequate...
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1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: Can the mother lose custody if she lets our son hang around a sex offender who failed to register?

I would like to get custody of my son and I was told by friends that they had an experience where the mother let their child hang around a sex offender and she lost full rights as a parent. I'm also in that situation and I was just wondering if it's possible.

Nicholas Nelson
Nicholas Nelson
answered on Feb 26, 2018

North Dakota Century Code CHAPTER 14-09 PARENT AND CHILD deals with parental rights and when they can be taken away. I hope this helps!

1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for North Dakota on
Q: how do I stop child support for a child that has been living on his own for 2 yrs, outside of PR?

Mom has been receiving the money and hasn’t given my son any of it. He has been living in North Dakota for 2 yrs, supporting himself. How can I stop the child support (close the case) and can I sue his mother to get back the money that belonged to taking care of him.

Michael David Siegel
Michael David Siegel
answered on Feb 21, 2018

Bring an application in the court that entered the order.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Man has his children staying with ex wife. He has rights to see them but she refuses contact. What can be done?
Lucas Wynne
Lucas Wynne
answered on Feb 15, 2018

Simple, you bring a motion in court to see the children.

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