North Dakota Child Custody Questions & Answers

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!

Q: how do I stop child support for a child that has been living on his own for 2 yrs, outside of PR?

1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for North Dakota on
Answered on Feb 21, 2018
Michael David Siegel's answer
Bring an application in the court that entered the order.

Q: Man has his children staying with ex wife. He has rights to see them but she refuses contact. What can be done?

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on Feb 15, 2018
Lucas Wynne's answer
Simple, you bring a motion in court to see the children.

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

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on Feb 13, 2018
Gregory William Liebl's answer
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.

Q: Can father of child keep child away from mother without any contact or court order in court

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on Feb 9, 2018
Nicholas Nelson's answer
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!

Q: Do I need an attorney and if so from which state, I live in ND but parenting plan was from FL

1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on
Answered on Jan 30, 2018
Gregory William Liebl's answer
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.

Q: Does joint split custody exist to where neither parent pays the other child support? Can fathers win a case like this?

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Answered on Jan 23, 2018
Lucas Wynne's answer
Even with equal residential responsibility, the person who makes more money will still be required to pay the other child support.

Q: Can I leave north Dakota with my child without consent?

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on Jan 19, 2018
Gregory William Liebl's answer
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 custody/visitation and make a motion for an interim order, bringing the child back to ND, and you would have to deal with it all at a later date anyway -and from a much greater distance away. This can increase...

Q: While incarcerated my son went to Seattle 8 years ago for a felony marijuana charge... No trouble since then. How can I

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Answered on Jan 5, 2018
Gregory William Liebl's answer
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 brought there. Please contact an attorney.

Q: If i leave my grandparents (Who have custody of me and leave to live in another town in ND with my mom, is that illegal?

1 Answer | Asked in Child Custody for North Dakota on
Answered on Dec 19, 2017
Lucas Wynne's answer
You should not attempt to do this - your grandparents have custody for a reason.

Q: Who would I have to talk to if I want to live with my dad and I'm 16?

1 Answer | Asked in Child Custody and Child Support for North Dakota on
Answered on Dec 19, 2017
Lucas Wynne's answer
Although I am sure you feel at the middle of this issue, the legal issue here is between your parents. If your parent wants to make a motion based on your wishes (in this case, your father), that is up to your parent.

Q: If I file child support and the Dad has not been in her life at all what are his chances of getting custody

1 Answer | Asked in Child Support and Child Custody for North Dakota on
Answered on Dec 19, 2017
Lucas Wynne's answer
I run into issues like this frequently in my practice. Your first step is to contact an attorney. His odds of getting custody cannot be predicted and you should not listen to any attorney who guarantees an outcome, which is an ethics violation.

Q: Lost my children due to being a unstable mother 2 1/2 years ago.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on Dec 18, 2017
Lucas Wynne's answer
Call Legal Services of North Dakota.

Q: Can the court be asked to make the two different fathers who have custody of sisters to step up contact?

1 Answer | Asked in Child Custody for North Dakota on
Answered on Dec 18, 2017
Lucas Wynne's answer
I apologize, but it does not appear you have submitted a question that can be answered. Who do you want the fathers to "step up" contact with?

Q: Can a DUI from 10 years ago affect my ability to win sole custody over my daughter now?

3 Answers | Asked in Family Law and Child Custody for North Dakota on
Answered on Dec 15, 2017
Gregory William Liebl's answer
The short answer is that it probably won't affect your custody case, but a lot of other variables can come in to play. If it is truly 10 years or older, you may even be able to keep the judge from hearing about it under the North Dakota Rules of Evidence. You should still seek out an attorney so all of the variables regarding this issue can be explored and explained.

Q: Child custody

1 Answer | Asked in Child Custody for North Dakota on
Answered on Dec 12, 2017
Nicholas Nelson's answer
Generally, if there is a custody order from the court, the parties must abide by the order even if the parties make their own agreement outside of court. If there is not a custody order, then either parent may bring suit for a custody determination. The court weighs heavily on 12 Best Interest of the Child factors in determining custody. Other law may apply to your case, and you should not rely on this statement in your specific situation. I cannot provide adequate legal advice without...

Q: Can I move out of state with my child without the father's consent. Not married. No custody agreement

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Answered on Dec 8, 2017
Gregory William Liebl's answer
In North Dakota you need the other party's consent or a Court order to move, if there is a custody/visitation Judgment giving him time with the child. This being said, I would proceed with caution and consult an attorney before doing so. There are some potential risks to taking off prior to getting certain issues resolved.

Q: In the state of nd. If a parent that has crimal records have rights to the children in a divorce??

2 Answers | Asked in Child Custody for North Dakota on
Answered on Nov 5, 2017
Lucas Wynne's answer
Can a parent with a criminal record have parenting time or residential responsibility? In general, yes. The decision, however, is at the discretion of the court.

Q: The Court issued Child support for a child that was not established in a paternity test.

2 Answers | Asked in Child Custody and Child Support for North Dakota on
Answered on Nov 5, 2017
Lucas Wynne's answer
This question is too complicated to provide an answer over the internet. You need to consult with a lawyer.

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