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North Dakota Child Custody Questions & Answers
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... View 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... View 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... View 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... View 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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1 Answer | Asked in Child Custody for North Dakota on
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?
Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

You should not attempt to do this - your grandparents have custody for a reason.

1 Answer | Asked in Child Custody and Child Support for North Dakota on
Q: Who would I have to talk to if I want to live with my dad and I'm 16?

My mom doesn't want me to live with my dad because then she will have to pay child support and she only wants me to stay so she can use the money she gets from him for rent.

Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

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.

1 Answer | Asked in Child Support and Child Custody for North Dakota on
Q: If I file child support and the Dad has not been in her life at all what are his chances of getting custody

We had an agreement but he has not paid nor contacted or seen her in two years I’m scared the courts will allow him to have her when she has no clue who he is if I file child support

Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

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.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Lost my children due to being a unstable mother 2 1/2 years ago.

Since they have fix myself to get them back . All my programs I have done say I am ready to have them back they will tell the judge I am stable. The father has not let me see them for a 2 years. He gave them up to a family member due to Social Service involvement for about a year now. I did not... View More

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

Call Legal Services of North Dakota.

1 Answer | Asked in Child Custody for North Dakota on
Q: Can the court be asked to make the two different fathers who have custody of sisters to step up contact?

I am a mom of two girls who basically grew up with each other. Each girl has a different dad. The fathers now have custody of them. Neither is willing to make it so the girls can talk over Skype or phone without me forfeiting my calls or skype. When i have tried to skype both at the same time they... View More

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

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?

3 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: Can a DUI from 10 years ago affect my ability to win sole custody over my daughter now?
Gregory William Liebl
Gregory William Liebl
answered on Dec 15, 2017

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... View More

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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... View 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... View More

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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.

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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... View 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.

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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... View More

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