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North Dakota Questions & Answers
1 Answer | Asked in Child Custody for North Dakota on
Q: If you and your child have already established yourself and moved outside of state, before court order has been made

I have been the primary care giver to my daughter since birth, to current. she is age 3, she has always lived with me. We live in North Dakota. We were getting ready to move to Michigan, and I already have a job and daycare lined up, and my boyfriend is there also. Aaliyah's father in ND has... View More

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

You need an attorney in this situation. The internet is not an appropriate place to address this answer because information about your case that is required to address your question should not be shared publicly. If you cannot afford an attorney, contact legal services.

1 Answer | Asked in Real Estate Law for North Dakota on
Q: Can I get out of contract for deed if seller failed to diclise lead paint in house

Health department and federal epa already involved my kids are sick and federal law says she had to disclose lead or posibility of lead in houses older than 1978

Gregory Andrews Cade
Gregory Andrews Cade
answered on Dec 27, 2017

Although a real estate attorney is the legal professional who can provide you with a specific, informative answer, I think you cannot successfully file a lawsuit against the former homeowner for failing to disclose the presence of lead paint on the property. According to the law, the seller is... View More

1 Answer | Asked in Contracts, Agricultural Law and Business Law for North Dakota on
Q: I was notified via email that I am being sued. I haven't been served yet. Does the email count as being served?

This is a commercial contract litigation for food product deliver and wrongfully rejected after 2 months of delivery. Should I wait till I get served? The case is filed in North Dakota and I am in Canada. Please advise best course of action.

Nicholas Nelson
Nicholas Nelson
answered on Dec 18, 2017

There are certain ways that service must be made in North Dakota, outlined in North Dakota Rules of Civil Procedure Rule 5. Good luck!

1 Answer | Asked in Energy, Oil and Gas for North Dakota on
Q: My wife inherited mineral rights along with her siblings to property owned by her parents.

We are opposed to any kind of mining - are we able to stop the others given that she co-owns the property?

Jim Ed "Jed" Franklin
Jim Ed "Jed" Franklin
answered on Apr 5, 2017

It depends on what title you have to the mineral rights. Based on what you've written, you are probably co-tenants of an undivided interest in oil, gas, and other minerals. Assuming this, then no, you cannot stop the siblings from leasing, selling, or using their part of the interest. Each... View More

1 Answer | Asked in Probate for North Dakota on
Q: Does having a will instead of going through probate make a difference in your estate taxes?
Kenneth V Zichi
Kenneth V Zichi
answered on Feb 10, 2017

short answer: no

(And don't believe the 'one trick ponies who try to scare people about probate!)

Longer answer, a will does not avoid 'going through probate'. But sometimes you WANT to

have your estate go through probate!

If "avoiding...
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1 Answer | Asked in Child Custody for North Dakota on
Q: Can social services take a child because of allegations of child endangerment that were dropped the next day?
Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

Social services generally has a right to intervene. However, each case is unique.

1 Answer | Asked in Criminal Law for North Dakota on
Q: A sheriff asked a theft victim if they thought I might have taken their property. I have no criminal record or history

Does the Sherrif have the right to use my name like this to another civilian without evidence or at least a criminal history.

Lucas Wynne
Lucas Wynne
answered on Oct 16, 2017

It sounds like the Sheriff may be attempting to have you be the main suspect in a crime. Although the sheriff is permitted to ask, you should retain an attorney if criminal charges have been pressed.

1 Answer | Asked in Probate for North Dakota on
Q: My mom and dad owned farm land and my dad passed away August 4, 2015. During my dad's probate we had the land appraised.

The appraisal was completed September 9, 2016 and my mom passed away Sept. 15, 2016. Do I need the land appraised again for my mom's probate?

Jim Ed "Jed" Franklin
Jim Ed "Jed" Franklin
answered on Feb 6, 2017

The obligation of the personal representative of the estate is to determine the fair market value. There is no state requirement for an appraisal. I think that you can feel free to use the appraised value on September 9 to determine fair market value on September 15.

1 Answer | Asked in Personal Injury for North Dakota on
Q: After mediation fails on a personal injury claim, can I, the Plantiff refuse to settle and force it to court?

I was involved in a car wreck in no fault state, however, the car was totaled and I was left with a debilitating syndrome called CRPS/RSD. The insurance refuses to settle for any where near the limits and is basically only offering to pay lawyers fee and medical bills only, no pain and suffering.... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 2, 2017

You should contact a member of the Trial Lawyers Assn for the state where it happened, ideally in the county where it happened. You are in a complex case situation and need a free consult at least.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: my daughters boyfriend took their 8month old son, how does the mother get him back

mother was told to file for custody and has, but court said it would be 30 days and he has to be served papers, the person serving papers hasn't been able to find him. when filing mother was told the father has equal rights until judge decides. how can they keep her son from her that long?

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

Go through the court, serve him by publication. An attorney is likely needed.

1 Answer | Asked in Family Law, Real Estate Law, Civil Rights and Landlord - Tenant for North Dakota on
Q: I've lived with my bf for 2 yrs. He owns the house. Do I have any legal right to temporarily stay?

There are no children involved. There was never any agreement for rent etc. He had a mild stroke about a month ago. He needs help with some chores and taking care of the pets. I have no other home and all my belongings are here. I left my teaching job to be with him. Towards the end of the school... View More

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

Your question is unclear as to whether you are being forced out. This would help in evaluating your question. Without this information, your question is difficult to address.

1 Answer | Asked in Family Law for North Dakota on
Q: My daughter would like to leave her boyfriend and move out her with us, her parents, in California. The problem is they

They have child together. What can she do and what are her options

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

The answer to this question is dependent on the particular situation and whether a current order exists. Contact an attorney.

1 Answer | Asked in Adoption and Family Law for North Dakota on
Q: Can I sue Connecticut DCFS for separating me and my twin and attempting to keep me from being adopted?
Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

This question has been asked in the North Dakota section but must be answered by an attorney licensed in Connecticut.

1 Answer | Asked in Child Custody and Child Support for North Dakota on
Q: Can I move from Missouri to ND with my child and then file for child support in ND.

My daughter lives in Missouri and wants to move back to ND with her daughter. Nothing has been filed in Missouri at this point. She would like to move to ND and then file for custody and child support from here. The father of the child is not active in her life.

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

After 180 days of residing in North Dakota, your daughter may (generally) file for child custody in North Dakota as long as there is not an open case in Missouri or other jurisdictional issues present in the matter. Retaining an attorney is the best option available as child custody issues become... View More

2 Answers | Asked in Criminal Law for North Dakota on
Q: What does Tx mean in a plea deal
Jackson John Lofgren
Jackson John Lofgren
answered on Feb 14, 2017

It most likely means treatment such as alcohol or drug treatment.

View More Answers

1 Answer | Asked in Family Law and Child Support for North Dakota on
Q: Hello my mother of us three children raised us without help need advice!

According to Florida child support order he owed $312 a month starting 03/01/1994. My siblings and I are taking care of our mother now and were wondering does he have to pay all the back support? How would we even do that? He has never even made one partial payment. We are now ages 21 25 28 years... View More

Lucas Wynne
Lucas Wynne
answered on Aug 24, 2017

This situation cannot be handled in North Dakota. You need to contact that organization that administers child support in Florida or contact a lawyer in Florida.

1 Answer | Asked in Criminal Law and Federal Crimes for North Dakota on
Q: I was granted full immunity in a criminal case, unfortunately I was charged roughly a year later with a separate offense

However my immunity case was a direct factor in the sentence I received in a separate case. I have no prior convictions and the states attorney brought up my immunity case to justify the amount of time she was giving me? Do I have any legal recourse?

Lucas Wynne
Lucas Wynne
answered on Oct 5, 2017

Your question is much too vague to provide an answer. I suggest contacting an attorney.

1 Answer | Asked in Child Support for North Dakota on
Q: Would a parent be responsible for arrears although their name wasnt on the childs birth certificate until 2 years old?

The father of our child was aware of my pregnancy and the birth, and I have documented statements from him notifying me that he did not wants his rights as a parent, and to stop contacting him, etc.....I finally reached out to him after hearing nothing from him for 2 years, to see if he wanted to... View More

Lucas Wynne
Lucas Wynne
answered on Sep 22, 2017

Because no attorney knows the particulars of your case beyond what you have written, I suggest contacting the Child Support Unit.

1 Answer | Asked in Criminal Law for North Dakota on
Q: 1 year ago I got a misdemeanor for marijuana. Is it possible to get it expunged? I have never had a record.

I'm 55 years old and can't get into an apartment.

Jackson John Lofgren
Jackson John Lofgren
answered on Feb 14, 2017

North Dakota does not have an expungement process. However, if you received a deferred imposition of sentence and successfully completed probation your plea can be withdrawn, the case dismissed, and the file sealed.

1 Answer | Asked in Criminal Law for North Dakota on
Q: I plead guilty to charges due to drug court acceptance and was never really accepted. What happens from here?

I was released and have just been informed that I was denied, but my judgement was release on the terms of drug court acceptance, which the states attorney did accept. My charges are intent to deliver and poss. of LSD in north dakota.

Paul Stanko
Paul Stanko
answered on Sep 18, 2016

Ask your attorney whether you can withdraw your guilty plea if you were not accepted into drug court.

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