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

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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... 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... 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... 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... 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... 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.

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