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

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