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North Dakota Child Custody Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Child Custody and Family Law for North Dakota on
Q: My daughter needs to appeal a Child Custody Judgement that was dated July 23, 2020. Im going to file the appeal.

The grand parents intervened after mediation was completed. My daughter lawyer quit because of funding,. so she had no representation at the Zoom trial. The fathers parents had attorney.My daughter and father were never married, his parents took my daughters son when she took a apartment in... Read more »

Charles William Michaels
Charles William Michaels answered on Jul 30, 2020

First, I am not at ND lawyer. That being said, if you have a final judgment--or if there's an exception to the final judgment rule, in either the statutes or appellate court Rules in ND--I would definitely answer yes, you can appeal. But be aware, usually you have 30 days to note the ap peal... Read more »

1 Answer | Asked in Child Custody and Immigration Law for North Dakota on
Q: What are the rights of a foreign mom to take her child with her in case of deportation, if american husband disagrees?

My sister is doing a medicine recidency and her program might be cut off. In case that happens she will be deported to Peru. Her husband would start the procedure for her to return to the states as his wife, but does not want the baby to leave the usa. What are my sisters´ rights, if she wants to... Read more »

Hector E. Quiroga
Hector E. Quiroga answered on Feb 12, 2020

That is more of a family law question. If your sister is awarded custody, or if the baby’s father allows your sister to take the baby, then she should have no issues.

1 Answer | Asked in Child Custody for North Dakota on
Q: Grandparent custody and moving the kids from North Dakota

My grandchildren are living in North Dakota with her father he has only had custody for 3 years prior to that they lived with my husband and I in Washington State. They are 13 and not happy or well taken care of by their father and stepmother there have been issues with physical and verbal abuse... Read more »

Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

If they have been living in North Dakota the requisite amount of time, then it may be time for a child custody proceeding to be initiated.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for North Dakota on
Q: Mom and dad are in school together dad is 18 mom 16. Dose the father have same rights as mother to the new born baby

They have dated almost two years he was 17 she was 15. They are still in school. But the mother to the 16 year old won’t let dad see the baby .

Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

A father's rights are not there from the get-go. A child custody proceeding sounds necessary.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: What happens if a defendant does not respond to custody papers? Does that mean default custody is given to the plaintiff

I have filed for custody of my son and the defendant has been served in the state of MN. If she does not respond after the 21 days given to respond, what is expected to happen then?

Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

A default judgment could occur in which you are awarded all that you have asked for in the complaint. However, the judge is still going to review that judgment to make sure the requests are compliant with the law.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: Can custodial parent move over 150 miles away in same state (north dakota)?

Also can they require the non-custodial parent to travel more than half the distance for their parenting time? Can the custodial parent deny weekday visits saying they can only do visits at a location closer to the custodial parent. Even if this language is not in the court order? The move was also... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

The court order contains all of the requirements. Everything else is just the other parent trying to pull a fast one. An order cannot require that a person never moves - but a person moving could, potentially, have other implications. Unfortunately, you will not get specific advice on this... Read more »

1 Answer | Asked in Child Custody for North Dakota on
Q: Can the court require legal representation to have a case heard?

A friend of mine is trying to get custody of her son who is being emotionally abused by his father (he has physical custody and they both live in ND). The courts are telling her they won't hear the case unless she has legal representation. She makes too much for legal aid and doesn't have... Read more »

Lucas Wynne
Lucas Wynne answered on Oct 11, 2019

I feel as if information may be missing with this story. The facts are too vague, but a person DOES have the right to represent themselves.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: In our custody agreement, my ex-husband has primary residential responsibility. Our split is 51/49, me being 49%.

If he is planning a trip out of state, is he supposed to make me aware of when they are leaving, for how long and where they are going? As well as obtain my permission to cross state lines with them?

Lucas Wynne
Lucas Wynne answered on Aug 7, 2019

The order should address these issues. A lawyer here would not know the answer to that question without reviewing the order.

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: Can I take my child to an outof state wedding

I am not married to the childs father. He did sign an awknowledgement of paternity. He is saying if I take my daughter to my best friends wedding he will call me in for kidnapping. There is no custody agreement of any kind. He Is trying to force me to leave her with a coworkers wife whom I've... Read more »

Lucas Wynne
Lucas Wynne answered on Jun 23, 2019

No

1 Answer | Asked in Child Custody for North Dakota on
Q: The father to my son is a married man. My son is 8 months old and we have no custody arrangement.

He has not seen my son in over 4 and I have never received any financial support or help with medical bills. I believe his wife hates my son and feel if he asked to have him for a day would Not be a good situation. Can I file for 100% custody? We live in North Dakota.

Lucas Wynne
Lucas Wynne answered on May 22, 2019

If the 6 month residency requirement is met, you can likely file for custody in North Dakota. Consult with an attorney.

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 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 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... Read 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 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...
Read more »

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... Read 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... Read 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...
Read more »

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.

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