North Dakota Family Law Forms

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Commonly Asked Questions about North Dakota Family Law Forms

Can a child choose which parent to live with in North Dakota?

North Dakota judges may give substantial weight to a childs custody preferences, but only when theres clear and convincing evidence that the child is mature enough to have sound judgment on the issue.

Can a mother refuse access to the father?

A mother only has grounds to stop a father from seeing his child if they can prove the father is unfit for visitation due to one or more of the following issues: Drug or alcohol abuse. Child abuse or neglect. Domestic violence.

At what age can a child choose which parent to live with in North Dakota?

There are no hard-and-fast rules as to the age at which a child is considered mature enough to testify as to a preference regarding residential responsibility. A court might find a ten year old in one case mature enough to express a preference, but find otherwise regarding a thirteen year old in another case.

What if a child doesnt want to live with a parent?

If a child doesnt want to live with a parent, it might be a safety issue. If your child is old enough, ask what is happening there that makes him or her not want to go. For small children, ask them to draw a picture of life at Daddys house. A professional counselor and lawyers might need to be involved.

How is child custody determined in North Dakota?

North Dakota Century Code 14-09-06.2 states: For the purpose of parental rights and responsibilities, the best interest and welfare of the child is determined by the courts consideration and evaluation of all factors affecting the best interests and welfare of the child.

What if my child wants to live with his dad?

Keep Communication Open. Give your child a safe space to share with you why they want this change. You can certainly have boundaries that the conversation has to stay respectful but remember that goes both ways. Let them speak.

Is ND a 50/50 custody state?

Overview. Primary residential responsibility (custody) is one parent with more than 50% of the residential responsibility (custody) for the child(ren). Primary residential responsibility (custody) is not shared or equal residential responsibility (custody).

Who has custody of a child when the parents are not married in North Dakota?

If both parents are on a childs birth certificate in North Dakota, which parent will have custody is determined by several factors. If both of the parents names are on the childs birth certificate, they will both have child custody rights or the rights to make decisions about their child.