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North Dakota Questions & Answers
2 Answers | Asked in Child Custody and Child Support for North Dakota on
Q: The Court issued Child support for a child that was not established in a paternity test.

My Husband is an alleged Father, but my husband wants to establish paternity and have the custody options if results are positive or have child support removed if results are negative. Is this an option? Child support is for ND, however we are Residents of SC. He did not attend the original hearing... View More

Lucas Wynne
Lucas Wynne
answered on Nov 5, 2017

This question is too complicated to provide an answer over the internet. You need to consult with a lawyer.

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for North Dakota on
Q: Can a statement from fiancee be used against defendant in DV case if they're married by court date
Lucas Wynne
Lucas Wynne
answered on Oct 15, 2017

You need to consult with a lawyer to specifically address your question. Unfortunately, addressing this question on the internet could be detrimental to your case.

2 Answers | Asked in Child Custody for North Dakota on
Q: In the state of nd. If a parent that has crimal records have rights to the children in a divorce??
Lucas Wynne
Lucas Wynne
answered on Nov 5, 2017

Can a parent with a criminal record have parenting time or residential responsibility? In general, yes. The decision, however, is at the discretion of the court.

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1 Answer | Asked in Criminal Law for North Dakota on
Q: Can a 13 yr old that is accusing a male age 26 yr old of rape leave the state while involved in a open case?
Lucas Wynne
Lucas Wynne
answered on Oct 16, 2017

The thirteen year-old victim/witness should certainly appear for all court proceedings and may consider retaining an attorney if the prosecutor is not properly advocating for the victim. With that being said, there is nothing per se that would prohibit a victim from leaving the state unless a court... View More

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: How do I gain custody of a dog left in my care from people who are unfit to care for her

A friend of mine dropped there dog off for me to care for it and I would like to gain custody cuz they are unfit to care for this dog cuz they leave her alone for days on end without food and plus they already had a kitten die in there care

Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

There is no such thing as "custody" of a dog because a dog is considered property under the law. If they are not caring for the animal, you should call animal control.

1 Answer | Asked in Child Custody for North Dakota on
Q: Child custody

If my son is 13 and doesn't want to go to his mom's because she treats him bad what can I do? Can I file and go before a judge without an attorney and have my son testify that he wants to live with me? And if she has half custody can she force him to go with her? He said he won't go with her. Thanks

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Generally, if there is a custody order from the court, the parties must abide by the order even if the parties make their own agreement outside of court. If there is not a custody order, then either parent may bring suit for a custody determination. The court weighs heavily on 12 Best Interest of... View More

1 Answer | Asked in Child Support and Child Custody for North Dakota on
Q: If I file child support and the Dad has not been in her life at all what are his chances of getting custody

We had an agreement but he has not paid nor contacted or seen her in two years I’m scared the courts will allow him to have her when she has no clue who he is if I file child support

Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

I run into issues like this frequently in my practice. Your first step is to contact an attorney. His odds of getting custody cannot be predicted and you should not listen to any attorney who guarantees an outcome, which is an ethics violation.

1 Answer | Asked in Divorce, Family Law and Child Custody for North Dakota on
Q: Can I chose which parent to live with at 16 in North Dakota?
Lucas Wynne
Lucas Wynne
answered on Nov 2, 2017

A judge may consider your preference at the judge's discretion. However, the judge is not required to agree with your preference.

1 Answer | Asked in Immigration Law for North Dakota on
Q: My Jamaican husband has a police record, will he be able to get a IR-1 Visa?

The wounding with intent charge is over 20+ years, he served less than 3 years in prison in Jamaica. He has some minor offenses after that the last being in 2009. We tried to have his police record expunged but after being told they could expunge but had to wait 3 years, they said no it is not... View More

Myron Morales
Myron Morales
answered on Oct 4, 2017

You need to obtain a copy of his criminal record and have an immigration attorney review it to see if it gives rise to any grounds of inadmissibility and if there is a waiver available. So, there is a chance that he could get a visa, but you need to have everything analyzed in advance so that you... View More

1 Answer | Asked in Criminal Law for North Dakota on
Q: Sister and brother in law have court case on 10/18 for Felony drug possession in ND. What is to be expected at court.

Multiple charges. House was raided last December.

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2017

Your question does not make clear whether you have trial on 10/18, a preliminary hearing, an arraignment, etc. If it is a full trial, there is some likelihood that everything will be settled before the trial begins.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: How long does an animal have to be in my possession before its legally mine.

The name on adoption certificate is Ex-boyfriend name but the dogs stays with me regularly and everything she needs is paid solely by me.

Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

Unfortunately, this is not how property ownership works. A dog is considered property.

1 Answer | Asked in Child Custody for North Dakota on
Q: If i leave my grandparents (Who have custody of me and leave to live in another town in ND with my mom, is that illegal?
Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

You should not attempt to do this - your grandparents have custody for a reason.

1 Answer | Asked in Child Support for North Dakota on
Q: If my case is reopened in court does the other party still have to pay?
Lucas Wynne
Lucas Wynne
answered on Sep 28, 2017

This question is too broad to answer.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: What are the chances of me getting out of a reckless driving when there is multiple errors on the court summons.

The main error is that they said the location that it happened at was over a mile away from where it actually happened. And the date to appear was wrong and crossed of and rewrote. And in the year slot for my registration they wrote "K"

Lucas Wynne
Lucas Wynne
answered on Sep 28, 2017

Without an attorney representing you? Slim to none.

1 Answer | Asked in Criminal Law and DUI / DWI for North Dakota on
Q: No lawyer yet, pretrial conference tomorrow, can I ask for a continuance?

I have had my initial appearance for a DUI 2nd offense in 7 years in North Dakota. My pretrial conference is tomorrow and I haven't been able to get an attorney yet. I thought, and told the court that I would be able to afford one, but that hasn't been the case yet. I'm extremely... View More

Lucas Wynne
Lucas Wynne
answered on Sep 20, 2017

I am sorry that I did not see this question sooner. Hopefully things worked out for you.

1 Answer | Asked in Child Support for North Dakota on
Q: In North Dakota, Can a parent deny getting child support from the other parent?
Lucas Wynne
Lucas Wynne
answered on Sep 20, 2017

Child support amounts are set by law. If you are facing a family law issues, the wisest option is to hire an attorney.

1 Answer | Asked in Adoption and Child Custody for North Dakota on
Q: What is the first step in going for full custody. The father is absent for 5+ yrs. And is jailed for 3rd OWI in WI.

My son is 7 years old and was born in WI. I moved to ND to be with family, with consent from child's father. He has had zero contact with his son in 5 years and is in and out of jail. I want to go for full custody now. I am engaged to be married to my boyfriend, also the father to my twin... View More

Lucas Wynne
Lucas Wynne
answered on Sep 20, 2017

Yes, you should absolutely get a lawyer in this situation. Too many mistakes can be made that could forever impact your relationship with your sons.

1 Answer | Asked in Child Custody for North Dakota on
Q: I lost custody of my son 7 years ago. If I want to go to court and get him back ...Can I??

We are both from the same tribe. Would I need to go through the tribe and file or just ask them if I can.

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

Your question is difficult to address because it does not disclose who currently has custody of your son.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: What if a dog ran away from a grooming salon?
Lucas Wynne
Lucas Wynne
answered on Aug 25, 2017

I am unsure what your question may be. Is the grooming salon liable? Maybe.

1 Answer | Asked in Child Support for North Dakota on
Q: I paid 5yrs child support in wa state but my ex said to ND I didn't pay, lied about income I made how do I fix this?

Paid 5yrs in wa ex filed divorce in ND and he said I never paid any child support then lied about my income I was out of state and couldn't afford a attorney so they found me in default and charged me again for years I paid in WA based on what he told the courts. I've been trying to fight... View More

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

You will need to produce proof of the payments. Hiring an attorney would be wise.

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