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 »
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.
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... Read more »
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.
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... Read more »
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 »
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 »
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 »
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.
I was served a summons for joint residential responsibility in North Dakota. I agree it should be joint. If I fill out the answer to the summons as I agree to all, do we then go to mediation to determine the details of said joint custody? Or does the court determine a parenting plan? i.e. what... Read more »
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...Read more »
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...Read more »
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...Read more »
I would like to get custody of my son and I was told by friends that they had an experience where the mother let their child hang around a sex offender and she lost full rights as a parent. I'm also in that situation and I was just wondering if it's possible.
Mom has been receiving the money and hasn’t given my son any of it. He has been living in North Dakota for 2 yrs, supporting himself. How can I stop the child support (close the case) and can I sue his mother to get back the money that belonged to taking care of him.
The answer is "it depends." Is there a Judgment? What does the Judgment say? If there is no Court Order/Judgment, then the father should have as much of a right to the child as the mother does. You should contact an attorney as this situation is very fact dependent.
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