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North Dakota Questions & Answers
2 Answers | Asked in Personal Injury for North Dakota on
Q: Can I sue a ski resort for an injury I got while skiing there?
Nicholas Nelson
Nicholas Nelson
answered on Jun 18, 2018

This depends on the particular circumstances of the incident. I cannot provide adequate legal advice without first speaking with you on the particular details of your matter.

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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... View 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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2 Answers | Asked in Criminal Law and Domestic Violence for North Dakota on
Q: Police came to apartment after girlfriend called claiming i hit hee but i was not there when they arrived but 2 warrants

Have been issued for my arresf 1 for simple assault domestic and the other for interfering with a 911 call what are my options and do they have a case its been almost 2 months since the warrants have been issued

Nicholas Nelson
Nicholas Nelson
answered on Jun 18, 2018

With active warrants you want to retain an attorney as soon as possible. If you truly were not there, you certainly would have a chance of beating the charges.

Your options are to either 1) continue absconding and wait to be either arrested or summoned to court or 2) get an attorney,...
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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 Child Custody for North Dakota on
Q: If I'm a primary parent of a 4 year old am I able to move within the state of North Dakota?
Lucas Wynne
Lucas Wynne
answered on Jun 7, 2018

You should consider the ramifications of such a move before making the move. Those ramifications are dependent on whether a court order is in place and whether doing so might give another party reason to bring a motion as to the current situation with your child.

1 Answer | Asked in Criminal Law for North Dakota on
Q: my boyfriend got pulled over and while being pulled over police found a camera case in his vehicle with a half a gram of

Meth. They took the case but didn't say anything to him so he didn't even know they had it and then pulled him in on it a week and a half later. Is that right that they can do that?

Lucas Wynne
Lucas Wynne
answered on Jun 7, 2018

Yes. He should get a lawyer right away.

1 Answer | Asked in Traffic Tickets for North Dakota on
Q: Charged with driving under suspension when the officer new I didn't have a license and he told me he would follow me

Was taking my girlfriend to the hospital she was in pain she could not drive anymore she pulled over let me drive officer pulled us over saw that she was in pain I told the officer that I did not have a license he said to drive to my friend's house and he would follow and he was unsure at that... View More

Lucas Wynne
Lucas Wynne
answered on May 28, 2018

You have not posed a question. What is your question?

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: Who has rights to the dog?

We assumed responsibility for a dog unexpectedly a few weeks ago as the owner went to jail. They originally said they wanted us to take care of the dog. Now they are supposed to get out in 2 months and want the dog back. I've taken the dog to the vet for all

Her shots and set up an... View More

Lucas Wynne
Lucas Wynne
answered on May 22, 2018

They did not gift the dog to you, they wanted you to take care of the dog. Therefore, the original owner.

1 Answer | Asked in Animal / Dog Law and Criminal Law for North Dakota on
Q: An officer took my 12yr old dog from my yard in a private property trailer park. Took to the pound, charged dog at large

I was Charged with "Dog at Large" 2 months later. She's maybe 2 lbs tops and has had most of her teeth pulled due to old age and is as friendly as ever, she, xxx, just likes being held.

Do the police or animal patrol have to be called to come into the trailer park? Trailer... View More

Lucas Wynne
Lucas Wynne
answered on May 22, 2018

You should never write to a judge. You should only argue your case in court, usually with the help of a lawyer.

1 Answer | Asked in Domestic Violence for North Dakota on
Q: Do I have to let sheriff serve me with restraining order paper or can I have him send them?
Lucas Wynne
Lucas Wynne
answered on May 16, 2018

Accept service either way, hire a lawyer to fight the restraining order if you think it is unjust.

1 Answer | Asked in Civil Litigation and Small Claims for North Dakota on
Q: I loaned some sound equipment to an acquaintance. I am ready to have it back, but Ive been told it is now an hours driv

I did not give permission for it to leave this area, nor was I notified when it did. Is there a legal way to force him to return the equipment to the place he picked it up?

Lucas Wynne
Lucas Wynne
answered on May 16, 2018

Yes, tell him that you want your equipment back and give him a reasonable time limit (ten days, thirty days, etc.) to return it back to you. Inform him that you will report it has been stolen if he fails to return the equipment.

1 Answer | Asked in Personal Injury for North Dakota on
Q: Is there a law that requires me to plow the snow on the sidewalk in front of my house? What if someone falls there?
Lucas Wynne
Lucas Wynne
answered on May 14, 2018

Most cities have an ordinance that requires you to plow the snow. If somebody falls, you should call your homeowner's insurance company immediately and they should defend against any lawsuit on your behalf.

1 Answer | Asked in Child Custody for North Dakota on
Q: how do i file for full custody of my son when his father is abusive and doesnt know how to raise a baby?

i dont feel safe letting him be around my son and myself for that matter because hes fired a gun in the house, hes pulled a nife on me and has a very bad temper.

Lucas Wynne
Lucas Wynne
answered on May 10, 2018

You should likely hire an attorney or call legal services. If not, you can go to NDCourts.gov and get the DIY paperwork.

1 Answer | Asked in Juvenile Law for North Dakota on
Q: I was with two buddies buying socks and one of them ends up stealing a 3 pack of socks and gets stopped for questionig

They let me go and later call me back because my buddy said I stole socks too when I didn’t. One pair of the three that he stole was dropped in my car and I was pulled over on my way home and taken back to the store. They are charging me with juvenile petit theft but all they have is the kids... View More

Lucas Wynne
Lucas Wynne
answered on May 10, 2018

You hire a criminal defense lawyer to represent you. There is no easy answer in a criminal defense case.

1 Answer | Asked in Probate and Estate Planning for North Dakota on
Q: My dad just recently died. I'm fourteen and my step mother is keeping all my dad's stuff. What do I do?

She said I could pick stuff I wanted out of his stuff

James W. Martens
James W. Martens
answered on May 8, 2018

Presuming your dad died without a will and both of his parents are also deceased, your stepmother would be entitled to the first $150,000, plus half of any balance (i.e., anything remaining above the initial $150,000) of his estate. Not knowing more about the valuations of his property at the time... View More

1 Answer | Asked in Workers' Compensation for North Dakota on
Q: I was assaulted from behind at work by a coworker. Under North Dakota Century Code 65 am I eligible for workers comp?

This occurred on company property, during work hours.

This occurred March 15th 2018

I was not the aggressor.

I have filed a report with McKenzie County Sheriff Office.

Lucas Wynne
Lucas Wynne
answered on May 5, 2018

Your better claim is likely a claim against the person who struck you.

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 Collections and Probate for North Dakota on
Q: If a family member dies what happens to their debt

An insurance company is asking a settlement amount for a family member who is on their deathbed. If the settlement isn’t paid they will be sued for the full amount. If they die what happens to that debt?

Lucas Wynne
Lucas Wynne
answered on May 5, 2018

They may make a claim against the estate.

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... View 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.

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