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North Dakota Questions & Answers
1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: How long does an animal have to be in my possession before its legally mine.

The name on adoption certificate is Ex-boyfriend name but the dogs stays with me regularly and everything she needs is paid solely by me.

Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

Unfortunately, this is not how property ownership works. A dog is considered property.

1 Answer | Asked in Child Support and Child Custody for North Dakota on
Q: If I file child support and the Dad has not been in her life at all what are his chances of getting custody

We had an agreement but he has not paid nor contacted or seen her in two years I’m scared the courts will allow him to have her when she has no clue who he is if I file child support

Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

I run into issues like this frequently in my practice. Your first step is to contact an attorney. His odds of getting custody cannot be predicted and you should not listen to any attorney who guarantees an outcome, which is an ethics violation.

1 Answer | Asked in Animal / Dog Law for North Dakota on
Q: How do I gain custody of a dog left in my care from people who are unfit to care for her

A friend of mine dropped there dog off for me to care for it and I would like to gain custody cuz they are unfit to care for this dog cuz they leave her alone for days on end without food and plus they already had a kitten die in there care

Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

There is no such thing as "custody" of a dog because a dog is considered property under the law. If they are not caring for the animal, you should call animal control.

2 Answers | Asked in Employment Law, Personal Injury, Workers' Compensation and Car Accidents for North Dakota on
Q: I have a work comp case in Nd. Will there be a cash settlement after I have recovered from my broken back or maybe not
Lucas Wynne
Lucas Wynne
answered on Dec 19, 2017

There is no way to predict the outcome of your case. You should hire a lawyer.

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1 Answer | Asked in Contracts, Agricultural Law and Business Law for North Dakota on
Q: I was notified via email that I am being sued. I haven't been served yet. Does the email count as being served?

This is a commercial contract litigation for food product deliver and wrongfully rejected after 2 months of delivery. Should I wait till I get served? The case is filed in North Dakota and I am in Canada. Please advise best course of action.

Nicholas Nelson
Nicholas Nelson
answered on Dec 18, 2017

There are certain ways that service must be made in North Dakota, outlined in North Dakota Rules of Civil Procedure Rule 5. Good luck!

1 Answer | Asked in Civil Litigation and Contracts for North Dakota on
Q: Is a stipulation signed by all parties concerned a contract
Nicholas Nelson
Nicholas Nelson
answered on Dec 18, 2017

Most likely yes. If a contract is a bargained for exchange among multiple parties, then it will likely be an enforceable contract. This is general legal advice. Adequate legal advice can only be given after meeting with the client and discussing all the facts of his or her situation. Good luck!

1 Answer | Asked in Family Law and Child Custody for North Dakota on
Q: Lost my children due to being a unstable mother 2 1/2 years ago.

Since they have fix myself to get them back . All my programs I have done say I am ready to have them back they will tell the judge I am stable. The father has not let me see them for a 2 years. He gave them up to a family member due to Social Service involvement for about a year now. I did not... View More

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

Call Legal Services of North Dakota.

1 Answer | Asked in Adoption and Family Law for North Dakota on
Q: I want to adopt my ex fiance`s daughter but they live in another state.

Me and my ex fiance dated for 7 years or so and split and share a son together. She has a daughter from another ex that is in and out of prison. Her daughter is now award of the state, AZ, and I want to adopt her and she wants me to as well to come live with her brother and I. She lives with her... View More

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

You should contact an adoption lawyer in Arizona.

2 Answers | Asked in Civil Litigation, Family Law and Landlord - Tenant for North Dakota on
Q: Do I have a legal right if I have two kids to live in our leased twinhome over my spouse?

We recently separated. Living with relatives for the past week, I have two kids with me. Me, my 19year old, and my spouse are on the lease. Do I have any rights because I have kids, one under 18. Or are we supposed to be homeless.

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

You need to call an attorney to address this question. Adequate advice for this issue cannot be provided online.

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1 Answer | Asked in Child Custody for North Dakota on
Q: Can the court be asked to make the two different fathers who have custody of sisters to step up contact?

I am a mom of two girls who basically grew up with each other. Each girl has a different dad. The fathers now have custody of them. Neither is willing to make it so the girls can talk over Skype or phone without me forfeiting my calls or skype. When i have tried to skype both at the same time they... View More

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

I apologize, but it does not appear you have submitted a question that can be answered. Who do you want the fathers to "step up" contact with?

1 Answer | Asked in Libel & Slander for North Dakota on
Q: My ex made a false Craigslist ad about prostitution and he used my picture can I sue him?

My ex made a false Craigslist ad about prostitution and he used my picture. He sent it to his coworkers and now I'm being harassed. Can I sue him?

Lucas Wynne
Lucas Wynne
answered on Dec 18, 2017

Yes. Whether the damages that have occurred justify getting a lawyer, however, is fact-dependent.

3 Answers | Asked in Family Law and Child Custody for North Dakota on
Q: Can a DUI from 10 years ago affect my ability to win sole custody over my daughter now?
Gregory William Liebl
Gregory William Liebl
answered on Dec 15, 2017

The short answer is that it probably won't affect your custody case, but a lot of other variables can come in to play. If it is truly 10 years or older, you may even be able to keep the judge from hearing about it under the North Dakota Rules of Evidence. You should still seek out an attorney... View More

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1 Answer | Asked in Child Custody for North Dakota on
Q: Child custody

If my son is 13 and doesn't want to go to his mom's because she treats him bad what can I do? Can I file and go before a judge without an attorney and have my son testify that he wants to live with me? And if she has half custody can she force him to go with her? He said he won't go with her. Thanks

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Generally, if there is a custody order from the court, the parties must abide by the order even if the parties make their own agreement outside of court. If there is not a custody order, then either parent may bring suit for a custody determination. The court weighs heavily on 12 Best Interest of... View More

2 Answers | Asked in Child Support for North Dakota on
Q: What is the maximum amount of child support allowed to be taken out of my paycheck?

I currently live and work in North Dakota. I pay child support for one child in Indiana & two in Michigan. Currently I am behind on both cases by a significant amount. I noticed 65% of my net pay is being taken out for child support. Is this legal or is it too high? Personally, I am not... View More

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Here are the North Dakota Child Support Guidelines. NDCC 14-09-09.7. Other law may apply to your situation. You should not rely on the information provided, as adequate legal advice cannot be rendered before an attorney meets with a potential client and discusses all relevant facts to the... View More

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1 Answer | Asked in Animal / Dog Law, Intellectual Property and Land Use & Zoning for North Dakota on
Q: Can you sue someone for their animals being on your property?

In cases when the dog gets off the chain from their backyard. The dog has been on the property several times.

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Generally, an owner of a domestic animal has a duty to reasonably control the domestic animal. If a person fails to reasonably control his or her pet, he or she may be liable for resulting damage. This is general legal information and should not be relied upon in your specific case. An attorney... View More

2 Answers | Asked in Child Support for North Dakota on
Q: I make about 500 a month at my current job and it isn't enough to pay my full child support payment...my payment is 285

I tried to file for a review to lower it but they told me they won't lower it.. When I first got on child support my worker told me that since I didn't have a job my payment would be 285 a month is there anything I can do about lowering it so I can afford it?

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Here is North Dakota Law regarding periodic review of child support orders. North Dakota Century Code 14-09-08.4 and 14-09-08.6. Other law may apply to your situation. An attorney cannot provide adequate legal advice until first meeting with the client and discussing all facts relevant to the... View More

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2 Answers | Asked in Animal / Dog Law for North Dakota on
Q: My dog was attacked by another dog. now my dog needs a $4000 surgery. can I make the other dog owner pay?
Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Generally, an aggrieved party may sue another for damage that results to themselves or their property by the negligent acts of another. If an animal has a history of violent acts, it may be classified as a "dangerous animal" and be subject to a higher standard of care by its owner than... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for North Dakota on
Q: I had some financial trouble and wan unable to pay rent. I was given a notice of intent to evict if I did not pay.

I was unable to pay so I left within the 3 day window the notice gave, can I be held liable for the remainder of my lease?

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Generally, after materially breaking the lease agreement, the tenant is responsible for the remainder of the lease per the terms of the agreement. However, a landlord generally has a duty to mitigate the damages to the tenant by making reasonable efforts to lease the property to another tenant.... View More

2 Answers | Asked in Landlord - Tenant for North Dakota on
Q: Can my landlord keep my security deposit and 2 months rent even though someone took over my lease and is also paying

I had a 3 year lease, I wanted to get out of my lease after two years and asked my landlord if I could terminate the lease and if he could find someone to take it over. He found someone to take it over the next week, but he said he should be able to keep my $3000 security deposit and that I also... View More

Nicholas Nelson
Nicholas Nelson
answered on Dec 12, 2017

Generally a landlord is not able to collect from the old and new tenant. A lease agreement may attempt to provide the penalty for breaching the contract, which could be challenged in court as unreasonable. Landlords generally have a duty to mitigate by finding new tenants. The idea is finding a... View More

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