Custody Agreements Outside of Court in North Dakota
In North Dakota, it is possible to establish a custody agreement without going to court. This process typically involves both parents mutually agreeing on the terms of custody, including the allocation of caretaking authority, decision-making authority, and the frequency and means of contact with the child. This agreement must be in writing and signed by both parents, and any nonparent to whom custodial responsibility is granted, as per North Dakota Century Code 14-09.3-06.
Temporary Agreements During Deployment
In specific circumstances, such as the deployment of a parent, a temporary agreement granting custodial responsibility can be established. This agreement, as outlined in sections 14-09.3-07 through 14-09.3-10 of the North Dakota Century Code, must be in writing and signed by both parents and any nonparent to whom custodial responsibility is granted. The agreement should identify the destination, duration, and conditions of the deployment, specify the allocation of caretaking authority, and detail any decision-making authority that accompanies a grant of caretaking authority.
Modification of Agreements
The parents of a child may modify an agreement regarding custodial responsibility made pursuant to sections 14-09.3-07 through 14-09.3-10. If an agreement is modified before the 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. If an agreement is modified during the deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement, as per North Dakota Century Code 14-09.3-08.
Power of Attorney
A deploying parent, by power of attorney, may delegate all or part of custodial responsibility to another individual during the period of deployment. This delegation must be in accordance with the laws of North Dakota.
Court Approval and Enforcement
While it is possible to establish a custody agreement without going to court, it is important to note that any agreement made between the parents is not legally binding until it is approved by the court, as per North Dakota Century Code 14-09.1-07. The mediator shall reduce any agreement to writing and inform the parties of their right to review the agreement with counsel before they sign it. After the agreement is signed by the parties, the mediator shall present the agreement to the court.
Furthermore, a prior judicial order designating custodial responsibility in the event of deployment is binding on the court unless the circumstances meet the requirements of law of this state other than this chapter for modifying a judicial order regarding custodial responsibility, as per North Dakota Century Code 14-09.3-23.
In conclusion, while it is possible to establish a custody agreement without going to court in North Dakota, it is crucial to ensure that the agreement is in the best interests of the child, is in writing, and is signed by all parties involved. It is also important to remember that the agreement is not legally binding until it is approved by the court.