Hiring a Child Custody Lawyer in North Dakota
How courts in North Dakota decide custody, emergency custody, parenting classes, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in North Dakota: fee rules
| Rules on contingency fees | Under North Dakota Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal, litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated; it must identify expenses the client owes whether or not the client prevails. At the end, the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined, including an itemization of expenses. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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North Dakota rules to know first
| How custody is decided | 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 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. |
| Grandparents' rights | North Dakota's former grandparent visitation statute was repealed in 2019. Grandparents and other nonparents may seek custody or visitation under the Uniform Nonparent Custody and Visitation Act by proving they are a consistent caretaker (lived with and cared for the child for at least 12 months without pay) or have a substantial relationship with the child and denial would harm the child, and that the order is in the child's best interest. A parent's decision is presumed to be in the child's best interest, and the nonparent must rebut it by clear and convincing evidence. |
Find and check a lawyer
| Lawyer referral service | The State Bar Association of North Dakota's Lawyer Referral Service matches paying clients with lawyers. A referral includes a lawyer's name, phone number and up to a 30-minute consultation with a lawyer in the area of law and town or county you choose. The charge for a referral is $30. Phone: (866) 450-9579. |
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| Check that the lawyer is licensed | The North Dakota Court System (Supreme Court) publishes a lawyer search on its website that can be browsed by last initial, license status, city or state, plus a seniority list of currently licensed lawyers by bar admission date. The Disciplinary Board page links to it. |
| Check discipline history or file a complaint | The North Dakota Disciplinary Board, through the Office of Disciplinary Counsel, handles complaints about unethical conduct by lawyers licensed in North Dakota. Send a written, signed and dated complaint describing the conduct, with witness names and copies of relevant documents, to the Office of Disciplinary Counsel, 125 Slate Dr., Ste. 2, P.O. Box 2297, Bismarck, ND 58502-2297 (701-328-3925); you do not need a lawyer. Complaints without indications of misconduct are dismissed; others are investigated and referred to a district inquiry committee, which can dismiss, admonish, agree to probation or start formal proceedings that may go to a hearing panel and the Supreme Court. The process may take several months, and you get written notice of the outcome. A complaint does not change the outcome of a case and is not a claim for damages. |
Free legal help
| Free legal aid | Legal Services of North Dakota is a nonprofit that provides free legal assistance to North Dakota residents in a variety of matters based on income, and can check eligibility for the low-cost Volunteer Lawyers program. Call (800) 634-5263 if under age 60 or (866) 621-9886 if 60 or older (9 am-3 pm Central), or apply online. Dakota Plains Legal Services also provides free legal help to low-income people, older Americans and veterans in North and South Dakota, including tribal court matters. LSC lists Legal Services of North Dakota as its North Dakota grantee. LSND: https://lsnd.org/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in North Dakota
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
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.