North Dakota Child Custody Questions & Answers

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: 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?

Q: Can a mother refuse a father from seeing his child? There is no court orders or anything. He is paying child support.

1 Answer | Asked in Child Custody for North Dakota on
Answered on Aug 31, 2018
Lucas Wynne's answer
No order = no established rights. Time to bring it to court.

Q: After being together 13 years, I broke up with my now ex. As retaliation he won’t let me see my daughter

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
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.

Q: If parents were never married but the children has fathers last name who has legal custody

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
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.

Q: Child custody

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Answered on Jun 18, 2018
Nicholas Nelson's answer
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 custody and prevents the father from taking the children out of state.

***This is general legal information, and I cannot provide adequate legal advice without first discussing at length the...

Q: If I'm a primary parent of a 4 year old am I able to move within the state of North Dakota?

1 Answer | Asked in Child Custody for North Dakota on
Answered on Jun 7, 2018
Lucas Wynne's answer
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.

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

1 Answer | Asked in Child Custody for North Dakota on
Answered on May 10, 2018
Lucas Wynne's answer
You should likely hire an attorney or call legal services. If not, you can go to NDCourts.gov and get the DIY paperwork.

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.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on May 5, 2018
Lucas Wynne's answer
The court order controls. If you dislike the court order, however, you can make a motion to modify it under certain circumstances.

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

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on May 5, 2018
Lucas Wynne's answer
This question cannot be answered without an attorney knowing if there is a court order in place.

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

1 Answer | Asked in Child Custody for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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 adult.

This is general legal information, and I am not able to provide you adequate legal information without first discussing with your the facts and circumstances of your particular situation....

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

1 Answer | Asked in Child Custody for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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, if the other parent has been given parenting time by the decree. 2. A parent with equal residential responsibility for a child may not change the residence of the child to another state except with...

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

1 Answer | Asked in Child Custody for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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.

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

1 Answer | Asked in Child Custody for North Dakota on
Answered on Apr 30, 2018
Nicholas Nelson's answer
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 matter.

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.

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.

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.

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.

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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