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North Dakota Questions & Answers
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 for North Dakota on
Q: My wife moved out and took our three daughters. Is it legal for her to move more then 50 miles away without my consent.

No custody or divorce papers have been filed. They will be living with her new boyfriend

Gregory William Liebl
Gregory William Liebl
answered on Jan 17, 2019

The answer depends on whether there is a court order in place and whether or not 50 miles away puts her outside of the state of North Dakota. You will want to speak with an attorney further about this to get you pointed in the right direction.

1 Answer | Asked in Employment Law for North Dakota on
Q: If I signed a non compete contract for a business in Minnesota, is it still valid if I move to North Dakota?
Lucas Wynne
Lucas Wynne
answered on Jan 16, 2019

Firstly, some noncompete contracts are invalid as a matter of law and not worth the paper they’re written on. Secondly, no attorney can answer this question without actually seeing the contract. If I were you, I would bring the contract to an attorney, pay them a basic fee to review and issue you... View More

1 Answer | Asked in Family Law for North Dakota on
Q: Can my divorce attorney later be the states prosecuting attorney against me in a child welfare case involving CPS or DHS

He’s since become the prosecuting attorney for the state

Lucas Wynne
Lucas Wynne
answered on Jan 16, 2019

More would need to be known about the situation, but it certainly sounds like a conflict of interest on its face, you should inform the judge.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: Is there anything I can do to get my money back from the people who sold me a puppy that died within two days?

My husband and I bought a puppy from this couple in Devil’s Lake. Everything was fine until we fed him. He had diarrhea after we fed him and the next day he threw up and still had diarrhea. My husband took a nap for a couple of hours and saw that the puppy had pooped on himself. He went to pick... View More

Lucas Wynne
Lucas Wynne
answered on Jan 16, 2019

Small claims court may be an option, but it depends on the situation.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for North Dakota on
Q: This case is about me I want to reopen my criminal case and get a new trial based off misrepresentation is that possible

They had several violations of the rules of professional conduct and got disbared because of it if it's possible how do I go about filing papers myself and what forms will I need

Lucas Wynne
Lucas Wynne
answered on Jan 16, 2019

Many people attempt to do this and fail. More would need to be known about your particular case. You do not want to file a frivolous motion with any court as doing so will just cost you a lot of time and headache. With that being said, if an attorney violated the rules and that resulted in a... View More

1 Answer | Asked in Business Law and Contracts for North Dakota on
Q: Can a prime contractor legally withhold money from 1 completed contract to compensate for a separate job contract?

A contractor holding overdue retainage from a completed bonded project contract in an attempt to use the money toward what they call promissory estoppel on another project quote, the other project did not have a signed PO due to engineering firm not approving the proposed product, I believe the... View More

Lucas Wynne
Lucas Wynne
answered on Jan 16, 2019

This sounds like a law school contracts question. Unfortunately, no attorney can confidently answer this one without actually seeing the contracts.

2 Answers | Asked in Personal Injury for North Dakota on
Q: I was walking on the curb of a street that had no sidewalk when a car clipped me with its mirror, breaking my elbow. The

driver is claiming it's my fault since I was walking somewhere without a sidewalk, but I wasn't in the road and no signs said I couldn't walk there. Is he right or do I have a case for medical damages against the driver?

Lucas Wynne
Lucas Wynne
answered on Dec 3, 2018

Don't listen to the driver, it is time to get a lawyer.

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1 Answer | Asked in Traffic Tickets for North Dakota on
Q: In North Dakota, my son took a bus had an accident he didn't have a permit can the parents lose there drivers license

We got these three letters in the mail today an and they think they are going to take are drivers licenses if we cant come up with this amount of money we are both on ssdi and ssi how can we handle this he is 14 years old no permit TY

Lucas Wynne
Lucas Wynne
answered on Dec 3, 2018

Not enough information here. You may consider calling the local prosecutor.

1 Answer | Asked in Family Law for North Dakota on
Q: If my childs father is not on the birth certificate does he legally have any rights to her?

I chose not to put on birth certificate as he was unstable and using drugs during her first year of life/pregnancy. Does he still have any rights to her if he's not on the certificate? Like could he come pick her up whenever he wanted?

Lucas Wynne
Lucas Wynne
answered on Dec 3, 2018

No rights are established until a court order is in place.

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 DUI / DWI for North Dakota on
Q: Recently charged with a DUI. First time offender, blew .175 at the station. Do I need a lawyer or just go to court?

Left the restaurant early last night before I got too drunk. Pulled over for not using turn signal and not turning into first lane. Sobriety test in 40° weather then blew .16. At the station blew .175. Its my first offense, clean record. Do I need a lawyer? Would it benefit me?

Lucas Wynne
Lucas Wynne
answered on Nov 14, 2018

My suggestion is usually the same, if you need a doctor for a surgery, then you will need a lawyer for court.

1 Answer | Asked in Personal Injury for North Dakota on
Q: Under what circumstances can I sue for emotional distress as a result of a car accident?
Peter N. Munsing
Peter N. Munsing
answered on Oct 28, 2018

If you were in a crash contact a member of the N.Dakota Assn for Justice in the County where it happened. They give free consults. Emotional distress claims are not favored and the rules are very strict. If you were hurt, focus on your injuries as well.

1 Answer | Asked in Bankruptcy for North Dakota on
Q: I currently live in Minot ND ..I have a lot of debt that I know I can't pay or ever catch up on ..so I wanted to file.

So I wanted to know the 1st step on doing this. And I need a program that is free of charge.

Timothy Denison
Timothy Denison
answered on Oct 19, 2018

Check with the local bar association and legal aid and ask them to refer you to a bankruptcy attorney who can help you.

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.

1 Answer | Asked in Family Law for North Dakota on
Q: If my husband's child support case is reviewed, is it taken into consideration that we have two boys of our own now?

My husband is paying child support for 2 children. His income has gone up since then. He got a higher paying job so we could make ends meet. But we now we have 2 boys of our own. I'm afraid if it's reviewed the amount he pays will go up. On the "child support calculator" on the... View More

Gregory William Liebl
Gregory William Liebl
answered on Oct 3, 2018

The short answer to your question is "yes, the biological children your husband does not share with the obligee are taken into consideration." That being said, it is not a dollar for dollar "match." In other words, your husband's child support obligation may still go up... View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Divorce for North Dakota on
Q: What are the benefits of using mediation instead of the court system to resolve divorce disputes?
Lesley B Foss
Lesley B Foss
answered on Oct 19, 2018

In North Dakota, if your divorce involves minor children, you are required to attend and participate in the Family Law Mediation program, which provides divorcing couples with 6 free hours of mediation services. If the divorce does not involve minor children, you do not receive a referral to... View More

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 Sexual Harassment for North Dakota on
Q: In North Dakota, If a girl is younger than 15, and says she is 18, (and looks 18) can you be charged for GSI?
Lucas Wynne
Lucas Wynne
answered on Sep 7, 2018

Yes, your best bet is to call a criminal defense lawyer like myself to discuss your options before you speak with anybody or post information about your case online.

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