Introduction
Divorce proceedings can be complex, especially when children are involved. One of the most contentious issues that can arise is when one parent wishes to move out of state. This article will explore the legal implications of such a move in the context of North Dakota law, referencing the North Dakota Century Code and court rules.
Primary Residential Responsibility
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. This means that the parent intending to move must either obtain consent from the other parent or seek a court order permitting the move.
Burden of Proof
In the event of a motion to modify primary residential responsibility, the burden of proof lies with the moving party. This means that the parent seeking to move out of state with the child must provide compelling evidence to the court that the move is in the best interest of the child.
Equal Residential Responsibility
In cases where parents have equal residential responsibility, a parent 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 (North Dakota Century Code 14-09-07).
Exceptions
There are exceptions to the requirement for a court order. 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.
Child Support and Custody
The North Dakota Century Code 14-09-08 states that parents have a mutual duty to support their children. This obligation remains even if one parent moves out of state. The court may compel either or both of the parents to provide for the support of their children.
Support Payments
In any action in which a court orders that payments for child support be made, the court shall provide in its order that the payments be paid to the state disbursement unit for remittance to the obligee (North Dakota Century Code 14-09-08.1).
Restraining Provisions
According to the North Dakota Rules of Court, Rule 8.4, neither spouse may remove any of their minor children from North Dakota without the written consent of the other spouse or order of the court. This rule applies both in divorce proceedings and in actions to determine parental rights and responsibilities.
Violation of Restraining Provisions
If either spouse violates any of these provisions, that spouse may be in contempt of court. This means that a parent who moves out of state with a child without the necessary consent or court order may face legal consequences.
Conclusion
In North Dakota, a parent wishing to move out of state with a child must navigate a complex legal landscape. They must either obtain the other parent’s consent or a court order, and they must continue to fulfill their child support obligations. Violating these requirements can result in serious legal consequences. As such, it is crucial for parents in this situation to seek legal advice to ensure they comply with all relevant laws and regulations.