North Dakota Questions & Answers by Practice Area


North Dakota Questions & Answers

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.

1 Answer | Asked in Family Law for North Dakota on
Answered on Jan 17, 2019
Gregory William Liebl's answer
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.

Q: Can a prime contractor legally withhold money from 1 completed contract to compensate for a separate job contract?

1 Answer | Asked in Business Law and Contracts for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
This sounds like a law school contracts question. Unfortunately, no attorney can confidently answer this one without actually seeing the contracts.

Q: This case is about me I want to reopen my criminal case and get a new trial based off misrepresentation is that possible

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Legal Malpractice for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
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 conviction for you, it is probably worth exploring. You may be looking for what is called post conviction relief, but I would highly suggest you do not go about it on your own if it all possible. Call a few...

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?

1 Answer | Asked in Animal / Dog Law for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
Small claims court may be an option, but it depends on the situation.

Q: Can my divorce attorney later be the states prosecuting attorney against me in a child welfare case involving CPS or DHS

1 Answer | Asked in Family Law for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
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.

Q: If I signed a non compete contract for a business in Minnesota, is it still valid if I move to North Dakota?

1 Answer | Asked in Employment Law for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
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 an opinion.

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

2 Answers | Asked in Personal Injury for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
Don't listen to the driver, it is time to get a lawyer.

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

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
Generally, you will need an attorney in the state where the child has resided for the past six months.

Q: If my childs father is not on the birth certificate does he legally have any rights to her?

1 Answer | Asked in Family Law for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
No rights are established until a court order is in place.

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

1 Answer | Asked in Traffic Tickets for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
Not enough information here. You may consider calling the local prosecutor.

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

1 Answer | Asked in DUI / DWI for North Dakota on
Answered on Nov 14, 2018
Lucas Wynne's answer
My suggestion is usually the same, if you need a doctor for a surgery, then you will need a lawyer for court.

Q: Under what circumstances can I sue for emotional distress as a result of a car accident?

1 Answer | Asked in Personal Injury for North Dakota on
Answered on Oct 28, 2018
Peter Munsing's answer
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.

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.

1 Answer | Asked in Bankruptcy for North Dakota on
Answered on Oct 19, 2018
Timothy Denison's answer
Check with the local bar association and legal aid and ask them to refer you to a bankruptcy attorney who can help you.

Q: What are the benefits of using mediation instead of the court system to resolve divorce disputes?

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Divorce for North Dakota on
Answered on Oct 19, 2018
Lesley B Foss' answer
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 mediation, but you still can greatly benefit from engaging in mediation. Mediation will cost you the time/services of the mediator (and likely of your attorney), but it can be less costly than engaging in...

Q: How can i change my parenting plan if both party's agree.

1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on
Answered on Oct 19, 2018
Lesley B Foss' answer
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.

Q: If my husband's child support case is reviewed, is it taken into consideration that we have two boys of our own now?

1 Answer | Asked in Family Law for North Dakota on
Answered on Oct 3, 2018
Gregory William Liebl's answer
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 even though he has two other children that will be considered in the calculation. You should contact an attorney to help you through this process.

Q: If a charge is sealed, verdict changed from guilty to not guilty and signed by judge. Can it be used for a 2nd offense?

1 Answer | Asked in Criminal Law for North Dakota on
Answered on Sep 18, 2018
Nicholas Nelson's answer
Your question is someone of a complicated one. Even when records go off the public record, the government can still access them. I would certainly argue that the "not guilty" charge should not count as the "first" charge, as you were "not guilty". Note - cases are highly fact dependent and I cannot give adequate legal advice without first discussing with you the particular details of your matter in their entirety. That being said, those are my initial thoughts. Good luck!

Q: Can I see my landlord for not accepting my Emotional Support Animal?

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for North Dakota on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
you can sue, but that doesn't mean you'll win.

To give a more practical answer, talk to attorneys who specialize in disability and/or landlord/tenant issues. If no one is willing to take your case on contingency, you'll probably lose

Q: who has legal custody of a child if there is no court order for custody of that child.

1 Answer | Asked in Child Custody for North Dakota on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
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

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

1 Answer | Asked in Child Custody for North Dakota on
Answered on Sep 16, 2018
Stefan Dunkelgrun's answer
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 in the long run than giving her a bit more leeway now.

Do you really want the court to get involved?

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