Get free answers to your Child Custody legal questions from lawyers in your area.
the parents are married but been separated for over year
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
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
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... View More 
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.
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... View More
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.
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.
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... View More
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... View More
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.
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.
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.
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... View More
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.
answered on May 5, 2018
This question cannot be answered without an attorney knowing if there is a court order in place.
does She need an attorney or can I go somewhere and just tell them I want to live with her
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... View More
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?
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,... View 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... View More
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.
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... View More
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... View More
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... View More
He isn't letting her, see, talk, or know anything of her child well-being. The are unmarried, and both on birth certificate.
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... View More
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.
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... View 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.
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!
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.
answered on Feb 21, 2018
Bring an application in the court that entered the order.
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