Modifying Custody Due to Parental Relocation in North Dakota
In North Dakota, the process for modifying custody due to parental relocation is governed by specific statutes and court rules. This article will provide a detailed overview of the legal procedures, referencing the North Dakota Century Code and court rules.
Statutory Provisions
Under 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. 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.
A court order is not required if the other parent:
a. Has not exercised parenting time for a period of one year; or
b. Has moved to another state and is more than fifty miles [80.47 kilometers] from the residence of the parent with primary residential responsibility.
Filing a Motion to Modify Custody
If a parent wishes to relocate and modify the custody arrangement, they must file a motion with the court. According to North Dakota Century Code 14-09.3-08, parents may modify an agreement regarding custodial responsibility by mutual consent. If an agreement is modified before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
Burden of Proof
Upon a motion to modify primary residential responsibility under this section, the burden of proof is on the moving party. The moving party must establish a prima facie case justifying a modification. The court will consider the motion on briefs and without oral argument or evidentiary hearing and will deny the motion unless the court finds the moving party has established a prima facie case justifying a modification. The court will set a date for an evidentiary hearing only if a prima facie case is established.
Case Management and Compulsory Meeting
According to Rule 8.3.1 of the North Dakota Rules of Court, in any action for the determination of parental rights or a motion to modify residential responsibility, the parties and their attorneys must meet in person or by electronic means to prepare a joint informational statement within 30 days after service of the complaint or entry of an order for an evidentiary hearing under N.D.C.C. 14-09-06.6. The statement must be in the form shown in Appendix L.
Conclusion
In conclusion, the process for modifying custody due to parental relocation in North Dakota involves filing a motion with the court, establishing a prima facie case justifying the modification, and participating in a compulsory meeting as part of case management. The burden of proof lies with the moving party, and the court will only set a date for an evidentiary hearing if a prima facie case is established. The process is governed by specific statutes in the North Dakota Century Code and rules of court.