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North Dakota Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on
Q: Do I need an attorney and if so from which state, I live in ND but parenting plan was from FL

In 2012 judge granted me to relocate to TN from FL w/daughter. In 2014 we moved to ND, her dad was fine with. Our son that stayed w/dad has flown up here many times. Daughter has never been asked by dad to visit and he never calls her. I’m now seeking support so dad has filed contemp for not... View More

Gregory William Liebl
Gregory William Liebl
answered on Jan 30, 2018

It never hurts to consult an attorney. The laws on moves out-of-state vary between states and so it is important to know where he brought his motion. You should probably call an attorney in the state he brought the motion to see what your options are.

1 Answer | Asked in Adoption for North Dakota on
Q: I live in North Dakota and a friend of mine asked me if I would adopt the baby how do I go about doing that
Lucas Wynne
Lucas Wynne
answered on Feb 17, 2018

Likely via an adoption proceeding in the state where the mother resides, your best bet is to consult an attorney in that state.

1 Answer | Asked in Child Custody for North Dakota on
Q: I’m 16 just curious what I do to have my grandma get custody of me?

does She need an attorney or can I go somewhere and just tell them I want to live with her

Nicholas Nelson
Nicholas Nelson
answered on Apr 30, 2018

A custody determination would have to be made under North Dakota Century Code 14-09. The court may heavily weigh the custody preference of a mature minor child. Your grandma would want to seek an attorney, but is not required. The other option would be to be for you to be emancipated as an... View More

1 Answer | Asked in Civil Litigation for North Dakota on
Q: If a case is dismissed without prejudice, how long does the plaintiff have to refile? Is there a "statute of limitation?
Nicholas Nelson
Nicholas Nelson
answered on Feb 9, 2018

North Dakota statute of limitation is often one or two years. Generally, the plaintiff may refile as long as the case is refiled before the statute of limitations has ran.

This is general legal information, and I am unable to render adequate legal advice without discussing at length the...
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1 Answer | Asked in Probate and Estate Planning for North Dakota on
Q: My dad just recently died. I'm fourteen and my step mother is keeping all my dad's stuff. What do I do?

She said I could pick stuff I wanted out of his stuff

James W. Martens
James W. Martens
answered on May 8, 2018

Presuming your dad died without a will and both of his parents are also deceased, your stepmother would be entitled to the first $150,000, plus half of any balance (i.e., anything remaining above the initial $150,000) of his estate. Not knowing more about the valuations of his property at the time... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Q: Does joint split custody exist to where neither parent pays the other child support? Can fathers win a case like this?

Why do fathers have no right or avenues to have equal rights when it comes to the child? I am married with two other kids with my current wife. I would like my child support for my oldest lowered or have equal custody so I can take care of the needs of all my children. Instead of giving the mom... View More

Lucas Wynne
Lucas Wynne
answered on Jan 23, 2018

Even with equal residential responsibility, the person who makes more money will still be required to pay the other child support.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can father of child keep child away from mother without any contact or court order in court
Nicholas Nelson
Nicholas Nelson
answered on Feb 9, 2018

NDCC 14-09 deals with parental rights. Generally, both parents have rights unless otherwise ordered by the court. More information is needed to render any further legal advice. Good luck!

1 Answer | Asked in Consumer Law and Small Claims for North Dakota on
Q: I was served a summons/complaint. It was NOT filed with the court. I answered and challenged the debt. What happens now?

I thought I read they had 5 days to show proof they had proving debt is mine? Also if they do file with the court will I be notified?

Lucas Wynne
Lucas Wynne
answered on Jan 20, 2018

Call an attorney who deals with this type of case. They do not have to file immediately.

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

Gregory William Liebl
Gregory William Liebl
answered on Jan 19, 2018

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... View More

1 Answer | Asked in DUI / DWI for North Dakota on
Q: My husband just got a DUI. court is in one week. We are thinking of calling the cop involved to beg for mercy.

Would this be a bad idea? If he looses his job we loose insurance and our children have special needs. My husband rarely drinks. He blew low on the breathalyzer and this is his first dui offense. The cop was really nice during the arrest and helpful. We got a lawyer and are awaiting court. If he... View More

Lucas Wynne
Lucas Wynne
answered on Jan 20, 2018

Listen to your lawyer. Calling the officer will have no impact, the case is in the prosecutor's hands. Most people who attempt to negotiate with the prosecutor on their own end up digging a deeper hole.

1 Answer | Asked in Contracts and Consumer Law for North Dakota on
Q: If I called in a tow, would it be illegal to have a deal where the tow company pays me a fee?

I live in an apartment where it is permissible to tow someone's car if they park in your spot, would it be illegal to take have an agreement that the company that tows the car give my a flat fee for the tow? At least 2-3 cars a day park in my spot, I believe if I received $20 a car, I could... View More

Nicholas Nelson
Nicholas Nelson
answered on Feb 26, 2018

Generally, "referral fees" are regulated in professional careers like law. When establishing a referral fee agreement, you are essentially acting as an agent/employee of the principal company (tow company in your situation). Any referral agreement should be in writing to protect your... View More

2 Answers | Asked in Divorce, Family Law and Child Support for North Dakota on
Q: Can you make your own child support agreement In the state of North Dakota? If both partner agree to the terms?
Nicholas Nelson
Nicholas Nelson
answered on Feb 9, 2018

Parties may stipulate to child support in a contract the parties drafted themselves, but as Attorney Wynne indicated, a Court must still sign off on it. Generally, a Court is likely to sign off on the stipulation if the terms are fair and are in the best interest of the child. I hope this helps!... View More

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1 Answer | Asked in Business Law and Business Formation for North Dakota on
Q: Can I have a self serve wine tasting bar in Fargo, ND? Can patrons self serve wine from a machine?

I could not find anywhere in ND law that says they cannot but when I submit an application for a liquor license it asks for the floor plan and I'm worried that if the wine dispensing machines are not "behind a bar" then I will get denied. My whole business revolves around people... View More

Lucas Wynne
Lucas Wynne
answered on Jan 16, 2018

As an attorney who works with various small business owners, there are often questions which have not yet been addressed by North Dakota's laws. You may also be looking at liability issues with your plan.

1 Answer | Asked in Bankruptcy for North Dakota on
Q: ND bankruptcy - If separated but not divorced can one just one person file bankruptcy?
Cristina M. Lipan
Cristina M. Lipan
answered on Jan 16, 2018

You can always file bankruptcy individually, even while married. However, still being married may have some affect on your bankruptcy case. It's best to review all your financial information with an attorney before you file so you're clear on what will happen.

Information provided...
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1 Answer | Asked in Medical Malpractice for North Dakota on
Q: My fiance' was slipped LSD without his permission. The ER did not run a drug screen is this malpractice?

The ER at Sanford did not run a drug screen on my fiance' even though he stated he had been drugged or poisoned against his will. Once he was at the ER they only gave him medications for his blood pressure and benadryl. They released him 45 minutes later to what they say was family in the... View More

Lucas Wynne
Lucas Wynne
answered on Jan 16, 2018

As to the criminal charge, which seems to be the larger concern, the issue here is proving that your fiancé was actually given LSD unwillingly. Secondly, proving that your fiancé should be held inculpable due to the influence of the drug is another battle.

What happened at the hospital...
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2 Answers | Asked in Tax Law for North Dakota on
Q: If there's a legal seperation in effect and taxes are to be filed married filing jointly can one file single head of hou
Gregory William Liebl
Gregory William Liebl
answered on Jan 12, 2018

The answer is, "it depends." If you truly have a legal separation with a "judgment" or "order" for legal separation that was filed by the court you are to follow the Court's directive. In other words, you have to follow what a Judgment says.

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1 Answer | Asked in Car Accidents for North Dakota on
Q: I rear ended someone but their tail lights were broken. Does that make them partly at fault?
Peter N. Munsing
Peter N. Munsing
answered on Jan 12, 2018

Your insurance can try. If you were hurt, contact a member ot the ND Assn for Justice--they give free consults. It'd be a stretch though.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: I was pulled over and I have court today for "unlawful use of license plate and tabs" and "failure to transfer title"

What do you think will happen in court. What pled should I do. (I've been having a big financial problems, and I had to get to work one way or another, a bus doesn't go out to were I live, I live on my own and nobody can give me rides.)

Lucas Wynne
Lucas Wynne
answered on Jan 16, 2018

No attorney can provide you advice without knowing more about your situation. In general, you should plead "not guilty" even if you committed the crime as doing so will better preserve your rights. However, pleading guilty or not guilty carries serious weight and equally serious outcomes.... View More

2 Answers | Asked in Personal Injury and Arbitration / Mediation Law for North Dakota on
Q: A person I sued after I was injured on their business's property requested we arbitrate instead. Is this a good idea?
Peter D Morowski
Peter D Morowski
answered on Jan 12, 2018

There are many benefits to arbitration, most particularly it is typically much faster than a state court lawsuit. That said, if you are unrepresented by counsel I would be weary of agreeing to arbitration. Arbitration is a lot like a trial. I have never heard of an injury matter being... View More

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1 Answer | Asked in Divorce for North Dakota on
Q: For a divorce, is my wife entitled to any of my retirement account if she is a stay-at-home mom and does not work?
Lucas Wynne
Lucas Wynne
answered on Jan 9, 2018

Ultimately, the division of assets will be at the discretion of the judge. In a divorce, you should usually (but not always) expect that retirement accounts will be divided in some manner.

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