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North Dakota Family Law 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 Family Law, Criminal Law and Juvenile Law for North Dakota on
Q: Can i bring legal action against an adult who tried to help my minor run away.

My son is 15yrs old. He is on supervised probation. He has been in and out of facilities several times for behavior. He ran away last night and is now in police custody in a hospital. His aunt helped him and was coming to take him to a different city without permission. What can I do? His aunt has... Read more »

Lucas Wynne
Lucas Wynne answered on Apr 11, 2020

Call police to report

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 Divorce, Family Law and Child Support for North Dakota on
Q: If a court says they won't sign off on a child support agreement, what needs to be filed to correct?

My ex recieved a letter from the court stating that they would not sign off on the child support because its lower than the calculated amount

Lucas Wynne
Lucas Wynne answered on Feb 4, 2020

You need to use the child support guidelines to calculate the correct amount and resubmit.

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 Family Law for North Dakota on
Q: Help? My daughter is almost 6 and hates to go to her fathers. I have primary residential responsibility.

At what age can a child skip a visit. If they just don't want to go? She goes there every other weekend for one night. We have been divorced for 4 years. What is the ND laws on this?

Lucas Wynne
Lucas Wynne answered on Jan 10, 2020

The court order must be followed. Skipping court ordered visits is likely to result in very serious problems, including giving the other party potential grounds to modify the order.

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 Divorce and Family Law for North Dakota on
Q: Do grandparents have the right to call grandkids? We are told we cannot by sons exwife.

Son in a nasty divorce in WA state. Soon to be ex-wife has moved to MT with kids. We live in ND. She will not let us call or talk to our grandchildren and won't allow them to call us. Is there anything we can do?

Gregory William Liebl
Gregory William Liebl answered on Aug 22, 2019

I am a family law attorney in North Dakota. I believe you will need talk to an attorney in Washington, if that is where the divorce is located.

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 Criminal Law, Divorce, Family Law and Civil Rights for North Dakota on
Q: Can a judge ban anyone from filing within their county/state of N.D? Judge's name is Honorable David E. Reich Bismarck

Asking for a friend

Lucas Wynne
Lucas Wynne answered on Mar 20, 2019

There is not enough information in your question to provide an answer. Based on your question, it sounds like your filing may have been rejected due to a jurisdictional issue.

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 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 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 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, 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... Read more »

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 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... Read 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... Read more »

1 Answer | Asked in Family Law for North Dakota on
Q: Father of my daughter won’t let me see my daughter unless “I get a lawyer” I know this is not true

Due to the fact that we don’t have a parenting plan. Currently she is staying with his parents but is legally on my lease. Am I allowed to take her off the property she is staying at?

Lucas Wynne
Lucas Wynne answered on Aug 31, 2018

If it is a court ordered parenting plan, then you need to get an attorney to hold him responsible. If it is not, then you need to bring him to court to get one.

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