North Dakota Family Law Questions & Answers

Q: My wife moved out and took our three daughters. Is it legal for her to move more then 50 miles away without my consent.

1 Answer | Asked in Family Law for North Dakota on
Answered on Jan 17, 2019
Gregory William Liebl's answer
The answer depends on whether there is a court order in place and whether or not 50 miles away puts her outside of the state of North Dakota. You will want to speak with an attorney further about this to get you pointed in the right direction.

Q: Can my divorce attorney later be the states prosecuting attorney against me in a child welfare case involving CPS or DHS

1 Answer | Asked in Family Law for North Dakota on
Answered on Jan 16, 2019
Lucas Wynne's answer
More would need to be known about the situation, but it certainly sounds like a conflict of interest on its face, you should inform the judge.

Q: If I wanted to take the mother of my child to court for visitation rights would I need an attorney in the state she's in

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
Generally, you will need an attorney in the state where the child has resided for the past six months.

Q: If my childs father is not on the birth certificate does he legally have any rights to her?

1 Answer | Asked in Family Law for North Dakota on
Answered on Dec 3, 2018
Lucas Wynne's answer
No rights are established until a court order is in place.

Q: What are the benefits of using mediation instead of the court system to resolve divorce disputes?

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Divorce for North Dakota on
Answered on Oct 19, 2018
Lesley B Foss' answer
In North Dakota, if your divorce involves minor children, you are required to attend and participate in the Family Law Mediation program, which provides divorcing couples with 6 free hours of mediation services. If the divorce does not involve minor children, you do not receive a referral to mediation, but you still can greatly benefit from engaging in mediation. Mediation will cost you the time/services of the mediator (and likely of your attorney), but it can be less costly than engaging in...

Q: How can i change my parenting plan if both party's agree.

1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on
Answered on Oct 19, 2018
Lesley B Foss' answer
You would need to write up and file with the Court a written Stipulation reflecting what provisions of the Judgment you've agreed to modify. Both parties would need to sign and notarize the Stipulation. You then need to prepare and file a proposed Order and a proposed Amended Judgment.

Q: If my husband's child support case is reviewed, is it taken into consideration that we have two boys of our own now?

1 Answer | Asked in Family Law for North Dakota on
Answered on Oct 3, 2018
Gregory William Liebl's answer
The short answer to your question is "yes, the biological children your husband does not share with the obligee are taken into consideration." That being said, it is not a dollar for dollar "match." In other words, your husband's child support obligation may still go up even though he has two other children that will be considered in the calculation. You should contact an attorney to help you through this process.

Q: Father of my daughter won’t let me see my daughter unless “I get a lawyer” I know this is not true

1 Answer | Asked in Family Law for North Dakota on
Answered on Aug 31, 2018
Lucas Wynne's answer
If it is a court ordered parenting plan, then you need to get an attorney to hold him responsible. If it is not, then you need to bring him to court to get one.

Q: After being together 13 years, I broke up with my now ex. As retaliation he won’t let me see my daughter

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
For starters, you should report the guns as stolen to the police.

If you have proof of any of what you said, seek help from an attorney to get full custody and a restraining order.

Q: I am a 19 year old female and my parents told me I have 7 days to move out. What are my rights?

1 Answer | Asked in Family Law for North Dakota on
Answered on Aug 24, 2018
Stefan Dunkelgrun's answer
I'm sorry to hear about your situation. Unfortunately, any parental responsibility in North Dakota ended on your nineteenth birthday. They are no longer obligated to house you, feed you, or provide for you. If the care is in their name, then you no longer have a right to that either.

Please contact the Family Crisis Shelter in Williston, 421 34th street east. (701) 572-0757 and see if they can help arrange some shelter for you.

Q: If parents were never married but the children has fathers last name who has legal custody

1 Answer | Asked in Child Custody and Family Law for North Dakota on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
If the parents are unable to sort it out between the two of them, the matter would need to go before a judge. Without further information, it is impossible to determine the outcome of such a proceeding.

Q: My daughter is an addict and is now pregnant - how can I make sure I get custody?

1 Answer | Asked in Family Law for North Dakota on
Answered on Jul 15, 2018
Gregory William Liebl's answer
There is never a guarantee that you can obtain custody over a child that is not yours. That said, you have several options to pursue and should contact an attorney to discuss whether custody is the best route for you to take. Some routes are more difficult and expensive than others and your lawyer will need to know more about your case before you choose which route is best for you.

Q: Child custody

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on
Answered on Jun 18, 2018
Nicholas Nelson's answer
Your question has multiple factors that cannot be adequately answered without a full consultation.

However, general speaking, a parent may bring a custody dispute in ND if the child lives in ND. To protect your parental rights, you may want to file for a judicial order that gives you custody and prevents the father from taking the children out of state.

***This is general legal information, and I cannot provide adequate legal advice without first discussing at length the...

Q: If part of MTA doesn't specify how long it is in force, can one assume in force until the kids are the age majority?

1 Answer | Asked in Family Law for North Dakota on
Answered on May 5, 2018
Lucas Wynne's answer
You should have an attorney review the document as it is easy to assume there is no termination date mentioned when there is - unfortunately, an attorney will not be able to answer this question online.

Q: My son hates going to his father's - he's 10 is there anything he can do so that he doesn't have to go? He hates it.

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on May 5, 2018
Lucas Wynne's answer
The court order controls. If you dislike the court order, however, you can make a motion to modify it under certain circumstances.

Q: boyfriend alcoholic son 10, we thought he wouldn't be so verbally abusive if he quit drinking, can I move to mo with

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Answered on May 5, 2018
Lucas Wynne's answer
This question cannot be answered without an attorney knowing if there is a court order in place.

Q: Friend had baby not married to the father. Father took son, & keeping him from her. Don't know where son is. Illegal?

1 Answer | Asked in Family Law, Criminal Law, Child Custody and Child Support for North Dakota on
Answered on Mar 26, 2018
Gregory William Liebl's answer
Like most legal answers, it really depends. What state are they living in? Is there an Order/Judgment in place? In North Dakota, if there isn't anything in place, he has as much of a right to the child as the mother does. That being said, he should not keep the child from her. There are different legal avenues to take to address this issue, which is fairly common. Contact an attorney to follow up on this and how she can handle this situation, legally.

Q: Is a car considered a public location for the purpose of a transitional visitation that is to be in a public place?

1 Answer | Asked in Family Law for North Dakota on
Answered on Mar 4, 2018
Lucas Wynne's answer
If you are asking if the interior of somebody's car is a proper site for publicliy-held child visitation, the answer is no.

Q: Is it possible to get full custody of a child in North Dakota?

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Answered on Mar 2, 2018
Nicholas Nelson's answer
Yes, it is certainly possible. North Dakota Century Code Chapter 14-09 deals with child custody. The court heavily weights the twelve best interest factors as stated under NDCC 14-09-06.2. I hope this helps!

*DISCLAIMER* This is general legal information, and I cannot provide adequate legal advice without first discussing with you at length the particular circumstances and facts of your particular matter.

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