North Dakota Questions & Answers by Practice Area


North Dakota Questions & Answers

Q: Do we go to mediation?

1 Answer | Asked in Child Custody for North Dakota on
Answered on Apr 18, 2018
Lucas Wynne's answer
Mediation will help you settle remaining disputes without court intervention, which is beneficial to both parents, the children, and the court. Frankly, however, you should not be handling this on your own - there are too many "gotchya" laws that an result in unfair child support payments and interfere with your parenting time. Hire a family law attorney.
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Q: How do I file a motion to amend criminal judgement on a motion to accelerate on deferred sentence.

1 Answer | Asked in Criminal Law for North Dakota on
Answered on Apr 3, 2018
Lucas Wynne's answer
It appears you are asking a question about Iowa law, this section is used to ask questions about North Dakota law.
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Q: Friend had baby not married to the father. Father took son, & keeping him from her. Don't know where son is. Illegal?

1 Answer | Asked in Family Law, Criminal Law, Child Custody and Child Support for North Dakota on
Answered on Mar 26, 2018
Gregory William Liebl's answer
Like most legal answers, it really depends. What state are they living in? Is there an Order/Judgment in place? In North Dakota, if there isn't anything in place, he has as much of a right to the child as the mother does. That being said, he should not keep the child from her. There are different legal avenues to take to address this issue, which is fairly common. Contact an attorney to follow up on this and how she can handle this situation, legally.
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Q: hello i just recently just had a daughter and me and the mother are sharing custody. Can we not accept support?

1 Answer | Asked in Child Support for North Dakota on
Answered on Mar 23, 2018
Lucas Wynne's answer
If you are going through a custody battle, the second it goes into court there will be child support established. Whether you want it to be established or not will not matter to the court. Why? Because the state considers child support the right of the child, not the parents. The only way to avoid child support ever being established is to never have your case enter a courtroom. Even then, the state also has the right to petition for child support independently. But beware! If child support is...
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Q: I am recently divorced but filed a appeal to get custodial rights so does that mean I’m married or divorced?

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Divorce for North Dakota on
Answered on Mar 18, 2018
Lucas Wynne's answer
You're divorced, an appeal won't impact being divorced.
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Q: Someone broke into my home and stole my dog and police won't help me get him back, what do I do?

1 Answer | Asked in Criminal Law, Animal / Dog Law and Civil Rights for North Dakota on
Answered on Mar 17, 2018
Lucas Wynne's answer
You simply need a lawyer willing to take your case. Before a lawyer will take your case, you should have a retainer ready to pay and know who it was that stole the dog. If you don't know who it was, it's nearly impossible to initiate the proper lawsuit.
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Q: I recently quit my job and filled out separation papers on my last day. My former boss apparently shared my answers.

1 Answer | Asked in Employment Law for North Dakota on
Answered on Mar 8, 2018
Lucas Wynne's answer
Let's say that you hypothetically had a case of action due to some form of breach of confidentiality claim - the question to ask is what that case would be worth. The best way to answer that question is to determine how sensitive the information was and whether it was subject to some form of right of privacy. Did the boss disclose that you have a medical condition that was previously disclosed confidentially? That may be something. Did the boss disclose that you said you did not like the...
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Q: I am a realtor and I have an anti-trust law question.

1 Answer | Asked in Antitrust and Real Estate Law for North Dakota on
Answered on Mar 8, 2018
Lucas Wynne's answer
To the contrary, it would likely be an anti-trust violation if you somehow prevented those buyers from participating freely in the real estate market or prohibiting them from contacting certain agents. There is a grave difference between an anti-trust violation and an unfair advantage. It does not sound like the other agent participated in any form of collusion, price fixing, etc. Instead, it sounds like you had potential buyers who did not sign any contract with you that then found a house...
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Q: Can I be held responsible for something my business partner’s spouse does wrong?

1 Answer | Asked in Business Law for North Dakota on
Answered on Mar 5, 2018
Lucas Wynne's answer
Your question is much too broad to provide a reasonable answer.
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Q: Is a car considered a public location for the purpose of a transitional visitation that is to be in a public place?

1 Answer | Asked in Family Law for North Dakota on
Answered on Mar 4, 2018
Lucas Wynne's answer
If you are asking if the interior of somebody's car is a proper site for publicliy-held child visitation, the answer is no.
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Q: On 02/15/2018 my paycheck was garnished in the amount of $430.

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Constitutional Law for North Dakota on
Answered on Mar 2, 2018
Lucas Wynne's answer
You hire a lawyer who deals with debt collection issues for consumers and see if they can get your money back.
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Q: Is it possible to get full custody of a child in North Dakota?

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Answered on Mar 2, 2018
Nicholas Nelson's answer
Yes, it is certainly possible. North Dakota Century Code Chapter 14-09 deals with child custody. The court heavily weights the twelve best interest factors as stated under NDCC 14-09-06.2. I hope this helps!

*DISCLAIMER* This is general legal information, and I cannot provide adequate legal advice without first discussing with you at length the particular circumstances and facts of your particular matter.
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Q: My ex made a false Craigslist ad for prostitution with my picture on it, can I sue him?

1 Answer | Asked in Libel & Slander for North Dakota on
Answered on Feb 26, 2018
Nicholas Nelson's answer
Quite possibly. I would need to discuss with you all the facts and circumstances before rendering further advice.
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Q: If I called in a tow, would it be illegal to have a deal where the tow company pays me a fee?

1 Answer | Asked in Contracts and Consumer Law for North Dakota on
Answered on Feb 26, 2018
Nicholas Nelson's answer
Generally, "referral fees" are regulated in professional careers like law. When establishing a referral fee agreement, you are essentially acting as an agent/employee of the principal company (tow company in your situation). Any referral agreement should be in writing to protect your interests.

Good luck!

*DISCLAIMER* THIS IS GENERAL LEGAL INFORMATION, AND I CANNOT PROVIDE ADEQUATE LEGAL ADVICE WITHOUT FIRST DISCUSSING AT LENGTH ALL THE FACTS AND CIRCUMSTANCES OF YOUR...
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Q: Can the mother lose custody if she lets our son hang around a sex offender who failed to register?

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Answered on Feb 26, 2018
Nicholas Nelson's answer
North Dakota Century Code CHAPTER 14-09 PARENT AND CHILD deals with parental rights and when they can be taken away. I hope this helps!
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Q: can I break a lease due to constant noise ?

1 Answer | Asked in Landlord - Tenant for North Dakota on
Answered on Feb 26, 2018
Nicholas Nelson's answer
From what you have stated, it appears that the sound is not coming from an upstairs neighbor, but from the building itself? If that is the case, then you may have a case against the landlord for breaching the implied warranty of habitability. Habitability is interpreted into all residential lease agreements even if it is not mentioned in the lease agreement. It means that the premises must be fit for human habitation. The noise may breach the implied warranty of quiet enjoyment, which is...
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Q: How long after termination of lease does a landlord have to present the tenant with the damages bill?

1 Answer | Asked in Landlord - Tenant for North Dakota on
Answered on Feb 24, 2018
Lucas Wynne's answer
Your first step is to check the specific terms of your lease. Even if an amount of time is set by statute, the lease may control.
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Q: how do I stop child support for a child that has been living on his own for 2 yrs, outside of PR?

1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for North Dakota on
Answered on Feb 21, 2018
Michael David Siegel's answer
Bring an application in the court that entered the order.
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Q: I live in North Dakota and a friend of mine asked me if I would adopt the baby how do I go about doing that

1 Answer | Asked in Adoption for North Dakota on
Answered on Feb 17, 2018
Lucas Wynne's answer
Likely via an adoption proceeding in the state where the mother resides, your best bet is to consult an attorney in that state.
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Q: My wife has severe mental health issues. Her doctor bills are more than we can pay.

1 Answer | Asked in Collections for North Dakota on
Answered on Feb 17, 2018
Lucas Wynne's answer
The way I see it, you likely have three options: get on Medicaid, declare bankruptcy or both. Although I am not a bankruptcy lawyer, bankruptcy can actually be helpful to many low-income people who find themselves with a stack of bills they are unable to pay.
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