Lawyers, Answer Questions  & Get Points Log In
North Dakota Child Custody Questions & Answers
1 Answer | Asked in Child Custody for North Dakota on
Q: Child custody

If my son is 13 and doesn't want to go to his mom's because she treats him bad what can I do? Can I file and go before a judge without an attorney and have my son testify that he wants to live with me? And if she has half custody can she force him to go with her? He said he won't go with her. Thanks

Nicholas Nelson
Nicholas Nelson answered on Dec 12, 2017

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... Read more »

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: Can I move out of state with my child without the father's consent. Not married. No custody agreement
Gregory William Liebl
Gregory William Liebl answered on Dec 8, 2017

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... Read more »

View More Answers

2 Answers | Asked in Child Custody for North Dakota on
Q: In the state of nd. If a parent that has crimal records have rights to the children in a divorce??
Lucas Wynne
Lucas Wynne answered on Nov 5, 2017

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.

View More Answers

2 Answers | Asked in Child Custody and Child Support for North Dakota on
Q: The Court issued Child support for a child that was not established in a paternity test.

My Husband is an alleged Father, but my husband wants to establish paternity and have the custody options if results are positive or have child support removed if results are negative. Is this an option? Child support is for ND, however we are Residents of SC. He did not attend the original hearing... Read more »

Lucas Wynne
Lucas Wynne answered on Nov 5, 2017

This question is too complicated to provide an answer over the internet. You need to consult with a lawyer.

View More Answers

1 Answer | Asked in Divorce, Family Law and Child Custody for North Dakota on
Q: Can I chose which parent to live with at 16 in North Dakota?
Lucas Wynne
Lucas Wynne answered on Nov 2, 2017

A judge may consider your preference at the judge's discretion. However, the judge is not required to agree with your preference.

1 Answer | Asked in Child Custody and Child Support for North Dakota on
Q: Can I move from Missouri to ND with my child and then file for child support in ND.

My daughter lives in Missouri and wants to move back to ND with her daughter. Nothing has been filed in Missouri at this point. She would like to move to ND and then file for custody and child support from here. The father of the child is not active in her life.

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

After 180 days of residing in North Dakota, your daughter may (generally) file for child custody in North Dakota as long as there is not an open case in Missouri or other jurisdictional issues present in the matter. Retaining an attorney is the best option available as child custody issues become... Read more »

1 Answer | Asked in Child Custody for North Dakota on
Q: If you and your child have already established yourself and moved outside of state, before court order has been made

I have been the primary care giver to my daughter since birth, to current. she is age 3, she has always lived with me. We live in North Dakota. We were getting ready to move to Michigan, and I already have a job and daycare lined up, and my boyfriend is there also. Aaliyah's father in ND has failed... Read more »

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

You need an attorney in this situation. The internet is not an appropriate place to address this answer because information about your case that is required to address your question should not be shared publicly. If you cannot afford an attorney, contact legal services.

1 Answer | Asked in Child Custody and Child Support for North Dakota on
Q: I found out I was pregnant back in February of 2017 && so I'm only 12 weeks pregnant. My bf and I have not been married.

We do both live in different states but When I told him he was wanting a abortion bad. When I said I was keeping it he wanted to file full custody of my child. But has not came to any of the doctors appointments. I have moved down to texas where he is for a period of time and he still didn't go to... Read more »

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

It is unclear whether you plan a return to North Dakota and which state jurisdiction would belong to. However, full custody is generally not an option absent extraordinary circumstances or the agreement of another party. You have no legal basis to demand that he shows up to appointments. When your... Read more »

1 Answer | Asked in Child Custody for North Dakota on
Q: Can social services take a child because of allegations of child endangerment that were dropped the next day?
Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

Social services generally has a right to intervene. However, each case is unique.

1 Answer | Asked in Child Custody for North Dakota on
Q: I lost custody of my son 7 years ago. If I want to go to court and get him back ...Can I??

We are both from the same tribe. Would I need to go through the tribe and file or just ask them if I can.

Lucas Wynne
Lucas Wynne answered on Sep 22, 2017

Your question is difficult to address because it does not disclose who currently has custody of your son.

1 Answer | Asked in Adoption and Child Custody for North Dakota on
Q: What is the first step in going for full custody. The father is absent for 5+ yrs. And is jailed for 3rd OWI in WI.

My son is 7 years old and was born in WI. I moved to ND to be with family, with consent from child's father. He has had zero contact with his son in 5 years and is in and out of jail. I want to go for full custody now. I am engaged to be married to my boyfriend, also the father to my twin sons. He... Read more »

Lucas Wynne
Lucas Wynne answered on Sep 20, 2017

Yes, you should absolutely get a lawyer in this situation. Too many mistakes can be made that could forever impact your relationship with your sons.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: I got a default judgement what can I do to get out of it ? I'm so lost I didn't understand the paper work served
Lucas Wynne
Lucas Wynne answered on Aug 24, 2017

I see that your question is in the North Dakota section but your location is West Virginia. These states have different laws. However, if your case is located in North Dakota, it can be difficult to escape a default judgment. Although you are facing an uphill battle, it would be wise to contact an... Read more »

1 Answer | Asked in Child Custody and Divorce for North Dakota on
Q: Divorce

I wanna file for divorce but I have a child involved...we have been married since 2009 but haven't lived like a married couple since he's been in and out of prison. But he found out I moved on and I'm pregnant with a new baby so now he's threatening me on taking my daughter n i wanted to see if... Read more »

Lucas Wynne
Lucas Wynne answered on Aug 24, 2017

I answered your question on the other post you have made. Hope it helps.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for North Dakota on
Q: Is restricting parenting time an appropriate means to compell a party? Can contempt takeplace on phone w/out motion

Judge stated i was not unfit nor was it likely i would harm kids. I rescheduled an appt. Once which did not stand in violation of any order. I notified the guardian when she asked. She told opposing counsel who by letter requested a hearing . the letter included the date for rescheduled test... Read more »

Lucas Wynne
Lucas Wynne answered on Aug 24, 2017

Yes.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for North Dakota on
Q: I did not respond to an affidavit therefore the judge ruled in favor of the plaintiff, what do I do next?

The court date was for temporary until the initial court date. I am the defendant in the case and doing this pro-se and the plaintiff has an attorney. There are also dual protection orders. The plaintiff has broken his and there is a seperate case for that.

Lucas Wynne
Lucas Wynne answered on Aug 24, 2017

There is not enough information in your question to provide an answer.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: my daughters boyfriend took their 8month old son, how does the mother get him back

mother was told to file for custody and has, but court said it would be 30 days and he has to be served papers, the person serving papers hasn't been able to find him. when filing mother was told the father has equal rights until judge decides. how can they keep her son from her that long?

Lucas Wynne
Lucas Wynne answered on Aug 24, 2017

Go through the court, serve him by publication. An attorney is likely needed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.