Relocation During Divorce Proceedings in North Dakota
Relocating to another state during a divorce proceeding in North Dakota can be a complex issue, particularly if children are involved. The North Dakota Century Code provides specific guidelines and restrictions on this matter.
Residence Requirements and Domicile Presumptions
According to North Dakota Century Code 14-05-17, a plaintiff seeking a divorce must have been a resident of the state for at least six months prior to the commencement of the action. If the plaintiff has not been a resident for the required period, a divorce may still be granted if the plaintiff has been a resident for six months immediately preceding the entry of the divorce decree.
In terms of domicile, North Dakota Century Code 14-05-18 states that in divorce actions, the presumption that the husband’s domicile is the wife’s does not apply. After separation, each party may have a separate domicile, which is determined by actual residence and not legal presumptions.
Relocation with Children
When children are involved, the issue of relocation becomes more complex. North Dakota Century Code 14-09-07 provides specific guidelines for parents wishing to relocate with their children during a divorce proceeding.
- A parent with primary residential responsibility for a child may not change the primary residence of the child to another state without a court order or the consent of the other parent, provided the other parent has been granted parenting time by the decree.
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A parent with equal residential responsibility may not change the child’s residence to another state without the consent of the other parent or a court order allowing the move and awarding that parent primary residential responsibility.
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A court order is not required if the other parent has not exercised parenting time for a period of one year, or has moved to another state and is more than fifty miles [80.47 kilometers] from the residence of the parent with primary residential responsibility.
Enforcement of Child Custody Determinations
North Dakota Century Code 14-14.1-23 and 14-14.1-24 provide guidelines for the enforcement of child custody determinations. A court in North Dakota may enforce a child custody determination made by a court of another state if the latter court exercised jurisdiction in substantial conformity with North Dakota law. The court may also issue a temporary order enforcing a visitation schedule made by a court of another state.
In conclusion, while it is possible to relocate to another state during a divorce proceeding in North Dakota, there are specific legal requirements and restrictions, particularly when children are involved. It is advisable to consult with a legal professional to understand the potential implications and legal procedures involved in such a decision.