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North Dakota Family Law Questions & Answers
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
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... Read more »

Gregory William Liebl
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... 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
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
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
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
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
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... Read more »

Nicholas Nelson
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...
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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
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
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... Read more »

Lucas Wynne
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
Lucas Wynne answered on May 5, 2018

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

1 Answer | Asked in Family Law, Criminal Law, Child Custody and Child Support for North Dakota on
Q: Friend had baby not married to the father. Father took son, & keeping him from her. Don't know where son is. Illegal?

He isn't letting her, see, talk, or know anything of her child well-being. The are unmarried, and both on birth certificate.

Gregory William Liebl
Gregory William Liebl answered on Mar 26, 2018

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... Read more »

1 Answer | Asked in Family Law for North Dakota on
Q: Is a car considered a public location for the purpose of a transitional visitation that is to be in a public place?

We agreed to motivated transportation but since he is to have his transitional visitation scheduled visits in a public location, I am of the belief that a car is not a public location and therefor I want to provide the transportation and believe they should stay in one place for the entire duration... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 4, 2018

If you are asking if the interior of somebody's car is a proper site for publicliy-held child visitation, the answer is no.

2 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: Is it possible to get full custody of a child in North Dakota?

His father is a danger to himself I don't want him around my son without some sort of supervision. His father lives in MN, my son and I live in ND.

Nicholas Nelson
Nicholas Nelson answered on Mar 2, 2018

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...
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1 Answer | Asked in Child Custody and Family Law for North Dakota on
Q: Can the mother lose custody if she lets our son hang around a sex offender who failed to register?

I would like to get custody of my son and I was told by friends that they had an experience where the mother let their child hang around a sex offender and she lost full rights as a parent. I'm also in that situation and I was just wondering if it's possible.

Nicholas Nelson
Nicholas Nelson answered on Feb 26, 2018

North Dakota Century Code CHAPTER 14-09 PARENT AND CHILD deals with parental rights and when they can be taken away. I hope this helps!

1 Answer | Asked in Family Law, Child Custody, Child Support and Collections for North Dakota on
Q: how do I stop child support for a child that has been living on his own for 2 yrs, outside of PR?

Mom has been receiving the money and hasn’t given my son any of it. He has been living in North Dakota for 2 yrs, supporting himself. How can I stop the child support (close the case) and can I sue his mother to get back the money that belonged to taking care of him.

Michael David Siegel
Michael David Siegel answered on Feb 21, 2018

Bring an application in the court that entered the order.

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!

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