Relocation with a Child After a Custody Order in North Dakota
In North Dakota, the ability to relocate with a child after a custody order is in place is governed by specific statutes and court rules. The primary concern of the court is always the best interest of the child, and any decision regarding relocation will be made with this principle in mind.
Statutory Provisions
According to North Dakota Century Code § 14-09-07, a parent with primary residential responsibility for a child may not change the primary residence of the child to another state except upon order of the court or with the consent of the other parent, if the other parent has been given parenting time by the decree.
Similarly, a parent with equal residential responsibility for a child may not change the residence of the child to another state except with consent of the other parent or order of the court allowing the move and awarding that parent primary residential responsibility.
Exceptions to the Rule
There are exceptions to this rule. 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 (North Dakota Century Code § 14-09-07).
Burden of Proof
If a motion to modify primary residential responsibility is filed, the burden of proof is on the moving party (North Dakota Century Code § 14-09-07). This means that the parent seeking to relocate must provide compelling evidence that the move is in the best interest of the child.
Deploying Parents
For deploying parents, the rules are slightly different. According to North Dakota Century Code § 14-09.3-25, a temporary order for custodial responsibility terminates sixty days after the deploying parent gives notice to the other parent. After a deploying parent returns from deployment, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interests of the child, even if the time of contact exceeds the time the deploying parent spent with the child before deployment.
Conclusion
In conclusion, relocating with a child after a custody order is in place in North Dakota requires either the consent of the other parent or a court order. The court will always consider the best interest of the child when making such decisions. It is advisable to consult with a legal professional to understand the full implications of these laws and how they apply to your specific situation.