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North Dakota Family Law Questions & Answers

1 Answer | Asked in Child Custody and Family Law for North Dakota on

Q: Can I take my child to an outof state wedding

I am not married to the childs father. He did sign an awknowledgement of paternity. He is saying if I take my daughter to my best friends wedding he will call me in for kidnapping. There is no custody agreement of any kind. He Is trying to force me to leave her with a coworkers wife whom I've never... Read more »

Lucas Wynne answered on Jun 23, 2019

No

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Rights for North Dakota on

Q: Can a judge ban anyone from filing within their county/state of N.D? Judge's name is Honorable David E. Reich Bismarck

Asking for a friend

Lucas Wynne answered on Mar 20, 2019

There is not enough information in your question to provide an answer. Based on your question, it sounds like your filing may have been rejected due to a jurisdictional issue.

1 Answer | Asked in Family Law and Child Custody for North Dakota on

Q: I'm in a same sex relationship and my spouse is pregnant with another person's child. Do I have any parental rights?

Spouse got pregnant after being married for 3 years.

Lucas Wynne answered on Feb 21, 2019

No

1 Answer | Asked in Family Law for North Dakota on

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.

No custody or divorce papers have been filed. They will be living with her new boyfriend

Gregory William Liebl answered on Jan 17, 2019

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.

1 Answer | Asked in Family Law for North Dakota on

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

He’s since become the prosecuting attorney for the state

Lucas Wynne answered on Jan 16, 2019

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.

1 Answer | Asked in Family Law and Child Custody for North Dakota on

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

Lucas Wynne answered on Dec 3, 2018

Generally, you will need an attorney in the state where the child has resided for the past six months.

1 Answer | Asked in Family Law for North Dakota on

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

I chose not to put on birth certificate as he was unstable and using drugs during her first year of life/pregnancy. Does he still have any rights to her if he's not on the certificate? Like could he come pick her up whenever he wanted?

Lucas Wynne answered on Dec 3, 2018

No rights are established until a court order is in place.

1 Answer | Asked in Family Law, Arbitration / Mediation Law and Divorce for North Dakota on

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

Lesley B Foss answered on Oct 19, 2018

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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for North Dakota on

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

my ex and I have 2 kids and a current parenting plan. in are plan it states that we are to revisit it when my oldest child starts school. we have talked about it and have agreed on a change in parenting time. I'm wondering what steps i need to take now to make it part of the plan and for child... Read more »

Lesley B Foss answered on Oct 19, 2018

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.

1 Answer | Asked in Family Law for North Dakota on

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

My husband is paying child support for 2 children. His income has gone up since then. He got a higher paying job so we could make ends meet. But we now we have 2 boys of our own. I'm afraid if it's reviewed the amount he pays will go up. On the "child support calculator" on the states' website,... Read more »

Gregory William Liebl answered on Oct 3, 2018

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... Read more »

1 Answer | Asked in Family Law for North Dakota on

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

Due to the fact that we don’t have a parenting plan. Currently she is staying with his parents but is legally on my lease. Am I allowed to take her off the property she is staying at?

Lucas Wynne answered on Aug 31, 2018

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.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for North Dakota on

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

I’m originally from Wa, and have lived in North Dakota with my daughter up until a year and a half ago when I needed immediate medical attention because of severe Crohn’s disease, malnutrition and heart failure. I am now on the mend and would like my daughter to live with me in Wa because that... Read more »

Stefan Dunkelgrun answered on Aug 24, 2018

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.

1 Answer | Asked in Family Law for North Dakota on

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

They have supported me my whole life sending me to private school and only until this summer did I get a job as they said it was unnecessary in the past. This summer they told me I had to live with them here in ND instead of our home in AZ. I was told I have 7 days to get out of the apartment by... Read more »

Stefan Dunkelgrun answered on Aug 24, 2018

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.... Read more »

1 Answer | Asked in Child Custody and Family Law for North Dakota on

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

Stefan Dunkelgrun answered on Aug 7, 2018

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.

1 Answer | Asked in Family Law for North Dakota on

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

Gregory William Liebl answered on Jul 15, 2018

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Dakota on

Q: Child custody

We were living in oklahoma from April 2017 to April 2018. My children's dad and I decided to move back up to North Dakota. And he went back to Oklahoma for work and we ended up splitting up a month and a half later. He's threatened to take the kids away from me in the past. He raped me whenever we... Read more »

Nicholas Nelson answered on Jun 18, 2018

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...
Read more »

1 Answer | Asked in Family Law for North Dakota on

Q: How long do you have to live in North Dakota to file for divorce there?

Lucas Wynne answered on Jun 9, 2018

Six months

1 Answer | Asked in Family Law for North Dakota on

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?

Lucas Wynne answered on May 5, 2018

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.

1 Answer | Asked in Family Law and Child Custody for North Dakota on

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.

We have been divorced since 2009 (my son was 2) and as my son has gotten older, he hates going down to his father's - to the point it will make him sick. His dad is never around to spend time with him on his weekend, his new wife/children are mean to my son, and when he's there, he is to sleep on a... Read more »

Lucas Wynne answered on May 5, 2018

The court order controls. If you dislike the court order, however, you can make a motion to modify it under certain circumstances.

1 Answer | Asked in Family Law and Child Custody for North Dakota on

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

Lucas Wynne answered on May 5, 2018

This question cannot be answered without an attorney knowing if there is a court order in place.

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