Lawyers, Answer Questions  & Get Points Log In

North Dakota Child Custody Questions & Answers

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 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 never... Read more »

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 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 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 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 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 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 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 in...
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 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 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 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 whenever we... Read more »

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 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.

1 Answer | Asked in Child Custody for North Dakota on

Q: how do i file for full custody of my son when his father is abusive and doesnt know how to raise a baby?

i dont feel safe letting him be around my son and myself for that matter because hes fired a gun in the house, hes pulled a nife on me and has a very bad temper.

Lucas Wynne answered on May 10, 2018

You should likely hire an attorney or call legal services. If not, you can go to NDCourts.gov and get the DIY paperwork.

1 Answer | Asked in Family Law and Child Custody for North Dakota on

Q: My son hates going to his father's - he's 10 is there anything he can do so that he doesn't have to go? He hates it.

We have been divorced since 2009 (my son was 2) and as my son has gotten older, he hates going down to his father's - to the point it will make him sick. His dad is never around to spend time with him on his weekend, his new wife/children are mean to my son, and when he's there, he is to sleep on a... Read more »

Lucas Wynne answered on May 5, 2018

The court order controls. If you dislike the court order, however, you can make a motion to modify it under certain circumstances.

1 Answer | Asked in Family Law and Child Custody for North Dakota on

Q: boyfriend alcoholic son 10, we thought he wouldn't be so verbally abusive if he quit drinking, can I move to mo with

Lucas Wynne answered on May 5, 2018

This question cannot be answered without an attorney knowing if there is a court order in place.

1 Answer | Asked in Child Custody for North Dakota on

Q: I’m 16 just curious what I do to have my grandma get custody of me?

does She need an attorney or can I go somewhere and just tell them I want to live with her

Nicholas Nelson answered on Apr 30, 2018

A custody determination would have to be made under North Dakota Century Code 14-09. The court may heavily weigh the custody preference of a mature minor child. Your grandma would want to seek an attorney, but is not required. The other option would be to be for you to be emancipated as an... Read more »

1 Answer | Asked in Child Custody for North Dakota on

Q: ND custody filed no order in place can other parent leave the state with her children

Was just served with divorce and custody papers today. I am looking to go back to PA with my parents and take my 3 children. Can I legally leave with the if there is no order in place?

Nicholas Nelson answered on Apr 30, 2018

North Dakota Century Code 14-09 deals with custody of children. 14-09-07. Residence of child. 1. A parent with primary residential responsibility for a child may not change the primary residence of the child to another state except upon order of the court or with the consent of the other parent,... Read more »

1 Answer | Asked in Child Custody for North Dakota on

Q: Can I relocate 35 miles in state from non-custodial parent to be closer to work without letter of intent in ND?

I have found an affordable apartment right next to my work place 35 miles away from the non-custodial parent. My move will not affect his parenting schedule whatsoever and the move will benefit my daughter because I will be able to spend more time with her instead of her going to daycare during my... Read more »

Nicholas Nelson answered on Apr 30, 2018

Generally, the express terms of the Divorce Decree will prevail. However, I am unable to provide adequate legal advice without first speaking with you at length about the particular facts and circumstances of your situation.

1 Answer | Asked in Child Custody for North Dakota on

Q: I gave my wife permission to travel with my kids to Mexico but does not want to return them back. What can I do? Thanks

Nicholas Nelson answered on Apr 30, 2018

If you do not have a court order on custody, you should seek a court order. N.D.C.C. 14-09 deals with Child Custody.

This is general legal information, and I cannot provide adequate legal advice without first speaking with you at length about the facts and circumstances of your particular...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.