Child Custody Laws in North Dakota
How courts in North Dakota decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.
Short answer: Parental rights and responsibilities are decided by the child's best interests and welfare, using listed factors such as emotional ties, each parent's ability to provide for the child, developmental needs, home stability, willingness to encourage the child's relationship with the other… N.D. Cent. Code § 14-09-06.2
| Child custody | Parental rights and responsibilities are decided by the child's best interests and welfare, using listed factors such as emotional ties, each parent's ability to provide for the child, developmental needs, home stability, willingness to encourage the child's relationship with the other parent, moral fitness, mental and physical health, and the child's school and community records. If the court finds by clear and convincing evidence that the child is mature enough to make a sound judgment, it may give substantial weight to the child's preference. Credible evidence of serious domestic violence or a pattern of it creates a rebuttable presumption against giving that parent residential responsibility. No statutory age is set for the child's preference. Source: N.D. Cent. Code § 14-09-06.2 |
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| Emergency and temporary custody | In a divorce or other family case, a party can ask the court for an interim (temporary) order. An interim order normally requires notice and a hearing, but the court may issue an ex parte (emergency) interim order without a hearing if it specifically finds exceptional circumstances, such as a threat of imminent danger to a party or a minor child. The person asking must sign a declaration stating the specific facts. The order must set a hearing within 30 days, and the person who got it must personally serve the order and hearing notice on the other party. After a final judgment, an ex parte order may change parenting time but may not change primary residential responsibility. The North Dakota Legal Self Help Center publishes guides and forms for interim orders on ndcourts.gov. |
Where to get help in North Dakota
More North Dakota divorce & family law
- Getting a Marriage License in North Dakota
- Adopting a Child in North Dakota
- Guardianship of a Child or Adult in North Dakota
- Establishing Paternity in North Dakota
- Changing Your Name in North Dakota
- How Child Support Is Calculated in North Dakota
- Divorce Records in North Dakota
- Alimony and Spousal Support in North Dakota
- How to File for Divorce in North Dakota
- Legal Separation and Annulment in North Dakota
- All North Dakota divorce & family law rules
FAQ
How is child custody decided in North Dakota?
Parental rights and responsibilities are decided by the child's best interests and welfare, using listed factors such as emotional ties, each parent's ability to provide for the child, developmental needs, home stability, willingness to encourage the child's relationship with the other parent, moral fitness, mental and physical health, and the child's school and community records. If the court finds by clear and convincing evidence that the child is mature enough to make a sound judgment, it may give substantial weight to the child's preference. Credible evidence of serious domestic violence or a pattern of it creates a rebuttable presumption against giving that parent residential responsibility.
How do you get emergency custody in North Dakota?
In a divorce or other family case, a party can ask the court for an interim (temporary) order. An interim order normally requires notice and a hearing, but the court may issue an ex parte (emergency) interim order without a hearing if it specifically finds exceptional circumstances, such as a threat of imminent danger to a party or a minor child. The person asking must sign a declaration stating the specific facts. The order must set a hearing within 30 days, and the person who got it must personally serve the order and hearing notice on the other party. After a final judgment, an ex parte order may change parenting time but may not change primary residential responsibility.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.