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North Dakota Child Custody Questions & Answers
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... Read more »

Lucas Wynne
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
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
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
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
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
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...
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1 Answer | Asked in Child Custody for North Dakota on
Q: Do we go to mediation?

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 »

Lucas Wynne
Lucas Wynne answered on Apr 18, 2018

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 »

1 Answer | Asked in Family Law, Criminal Law, Child Custody and Child Support for North Dakota on
Q: Friend had baby not married to the father. Father took son, & keeping him from her. Don't know where son is. Illegal?

He isn't letting her, see, talk, or know anything of her child well-being. The are unmarried, and both on birth certificate.

Gregory William Liebl
Gregory William Liebl answered on Mar 26, 2018

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 »

1 Answer | Asked in Appeals / Appellate Law, Child Custody and Divorce for North Dakota on
Q: I am recently divorced but filed a appeal to get custodial rights so does that mean I’m married or divorced?
Lucas Wynne
Lucas Wynne answered on Mar 18, 2018

You're divorced, an appeal won't impact being divorced.

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: Is it possible to get full custody of a child in North Dakota?

His father is a danger to himself I don't want him around my son without some sort of supervision. His father lives in MN, my son and I live in ND.

Nicholas Nelson
Nicholas Nelson answered on Mar 2, 2018

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...
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1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: Can the mother lose custody if she lets our son hang around a sex offender who failed to register?

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.

Nicholas Nelson
Nicholas Nelson answered on Feb 26, 2018

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!

1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for North Dakota on
Q: how do I stop child support for a child that has been living on his own for 2 yrs, outside of PR?

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.

Michael David Siegel
Michael David Siegel answered on Feb 21, 2018

Bring an application in the court that entered the order.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Man has his children staying with ex wife. He has rights to see them but she refuses contact. What can be done?
Lucas Wynne
Lucas Wynne answered on Feb 15, 2018

Simple, you bring a motion in court to see the children.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Hi Can a mother control how a father spends time with his child epically if he's married and has other kids with wife
Gregory William Liebl
Gregory William Liebl answered on Feb 13, 2018

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.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can father of child keep child away from mother without any contact or court order in court
Nicholas Nelson
Nicholas Nelson answered on Feb 9, 2018

NDCC 14-09 deals with parental rights. Generally, both parents have rights unless otherwise ordered by the court. More information is needed to render any further legal advice. Good luck!

1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on
Q: Do I need an attorney and if so from which state, I live in ND but parenting plan was from FL

In 2012 judge granted me to relocate to TN from FL w/daughter. In 2014 we moved to ND, her dad was fine with. Our son that stayed w/dad has flown up here many times. Daughter has never been asked by dad to visit and he never calls her. I’m now seeking support so dad has filed contemp for not... Read more »

Gregory William Liebl
Gregory William Liebl answered on Jan 30, 2018

It never hurts to consult an attorney. The laws on moves out-of-state vary between states and so it is important to know where he brought his motion. You should probably call an attorney in the state he brought the motion to see what your options are.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Q: Does joint split custody exist to where neither parent pays the other child support? Can fathers win a case like this?

Why do fathers have no right or avenues to have equal rights when it comes to the child? I am married with two other kids with my current wife. I would like my child support for my oldest lowered or have equal custody so I can take care of the needs of all my children. Instead of giving the mom... Read more »

Lucas Wynne
Lucas Wynne answered on Jan 23, 2018

Even with equal residential responsibility, the person who makes more money will still be required to pay the other child support.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Can I leave north Dakota with my child without consent?

Never married to the father. We have no court orders for custody. Would I be able to leave north Dakota with my child?

Gregory William Liebl
Gregory William Liebl answered on Jan 19, 2018

According to the plain language of the statute in ND you could leave without his consent or a court order. As a practical matter; however, it is a good idea to get his permission or a court order regardless. This is because, if you leave without his permission he may bring an action for... Read more »

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: While incarcerated my son went to Seattle 8 years ago for a felony marijuana charge... No trouble since then. How can I

Get visits or custody back. Son now lives with his dads ex

Gregory William Liebl
Gregory William Liebl answered on Jan 5, 2018

The answer is largely dependent on what has happened in the last eight years. Also, if he has lived in Washington for that long, it is likely that state has jurisdiction according to the Uniform Child Custody Jurisdiction and Enforcement Act. That means any legal action would likely need to be... Read more »

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2 Answers | Asked in Child Custody and Child Support for North Dakota on
Q: How do you get the court to drop child support when you didn't know the child was yours? Cause the mother lied

I believe it's unfair to the father. The mother didn't know who the father was but now the state coming after you for child support and you didn't even know

Lucas Wynne
Lucas Wynne answered on Dec 20, 2017

You have a paternity test done.

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