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North Dakota Family Law Questions & Answers
1 Answer | Asked in Adoption, Family Law and Immigration Law for North Dakota on
Q: My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and " see more information"

My child was born in Hong Kong in 2014 out of wedlock. The mother was a Chinese national and I am a US citizen born and raised in the USA my entire life. I married her in Hong Kong in 2018. I was able to get them both visas ,ir1, and ir2. They are now here in the United States. I would like to get... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

If you are the birth father of the child, then you should be able to file a Form N-600 to obtain a certificate of citizenship. Under the Child Citizenship Act (INA 320) a child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met... View More

1 Answer | Asked in Child Custody, Family Law and Civil Rights for North Dakota on
Q: Can I sue the county for my child failing for cocaine in their cuostdy for irreparable damages
T. Augustus Claus
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answered on Sep 27, 2023

If your child tested positive for cocaine while in county custody, you might have a case for negligence or other claims, depending on the circumstances and state law. However, successfully suing a county government often involves overcoming various legal hurdles, including immunity defenses.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: How do I start the parenting plan process when I know that second party will not agree or sign.
Lucas Wynne
Lucas Wynne
answered on Dec 10, 2022

Hire a lawyer and force the other parent's hand.

1 Answer | Asked in Family Law for North Dakota on
Q: If my baby test positive for meth in her poop. Will she automatically go to the father. We do not live together

If my baby test positive for meth in her poop. Will she automatically go to the father. We do not live together and he is not aware of it he hasn't been born I'm asking if he will get her or will cps take her. I'm in north dakota and he's In Minnesota. I lost my rights to my... View More

Lucas Wynne
Lucas Wynne
answered on Aug 14, 2022

Automatically? No. You should be highly concerned, however, of any potential criminal ramifications this may have.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: My ex husband and i have a parenting plan in place and he has not followed any of it. Can i have court change it?

We agreed on parenting plan Dec.31 2019 and he has not attempted any visitation since october 2019. He has distubed my sons emotional wellbeing and.development with his actions towards him. We have tried contacting him via phone and he either ignores us or hangs up. There has been no attempts to... View More

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

This question is too hypothetical. A court, however, certainly has the authority to issue an order.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can I move back to Minnesota with my kids after 2.5 months living here?

My boyfriend is the father of my two kids. We moved here 2.5 months ago. He had been sober but right after moving here started drinking again. We are not married and have no kind of custody agreement. His family is going to help me leave. Am I able to take the kids back to Minnesota legally?

Lucas Wynne
Lucas Wynne
answered on Nov 19, 2020

No attorney can provide you specific advice on this situation without knowing more. Generally, however, no custody order means no rights have yet been established for either party.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: I am trying to get my nephew a legal aid lawyer so he can get custody of my niece. The Mother has just passed away.

The father is out of the picture. Will you please lead me in the right direction?

Lucas Wynne
Lucas Wynne
answered on Oct 14, 2020

Sure! Firstly, your nephew needs to be making the calls rather than you. But the website you needs is legalassist.org, which is for Legal Services of North Dakota.

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... View More

Charles William Michaels
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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... View 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... View 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... View 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... View 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... View 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.

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