Modification of Parenting Schedule in North Dakota
In North Dakota, the modification of a parenting schedule is governed by the North Dakota Century Code. The process is not straightforward and involves several legal procedures. It is important to understand these procedures to ensure that your rights and the best interests of your child are protected.
Legal Grounds for Modification
According to North Dakota Century Code 14-09-06.6, the court may not modify the primary residential responsibility within the two-year period following the date of entry of an order establishing primary residential responsibility unless it finds the modification is necessary to serve the best interests of the child. The court may consider modification under the following circumstances:
- Persistent and willful denial or interference with parenting time;
- The child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development;
- The primary residential responsibility for the child has changed to the other parent for longer than six months.
Procedure for Requesting Modification
A party seeking modification of an order concerning primary residential responsibility must serve and file moving papers and supporting affidavits, and give notice to the other party to the proceeding. The other party may serve and file a response and opposing affidavits. 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 (North Dakota Century Code 14-09-06.6).
Interim Orders and Ex Parte Orders
In some cases, the court may issue interim orders or ex parte orders. An interim order may provide for payment of support and other appropriate expenses, and may grant temporary parental rights and responsibilities and a parenting schedule of minor children. The order must provide for reasonable parenting time, unless the evidence establishes that parenting time should be restricted to certain times and places or prohibited (North Dakota Century Code 14-05-23).
An ex parte interim order modifying parenting time may be issued postjudgment, but no ex parte interim order modifying primary residential responsibility may be issued postjudgment (North Dakota Century Code 14-09-31).
Parenting Plan Requirements
A parenting plan must include, at a minimum, provisions regarding the following or an explanation as to why a provision is not included:
- Decision-making responsibility relative to routine or day-to-day decisions and major decisions such as education, health care, and spiritual development;
- Information sharing and access, including telephone and electronic access;
- Legal residence of a child for school attendance;
- Residential responsibility, parenting time, and parenting schedule, including holidays and days off from school, birthday, and vacation planning, weekends and weekdays, and summers;
- Transportation and exchange of the child, considering the safety of the parties;
- Procedure for review and adjustment of the plan;
- Methods for resolving disputes (North Dakota Century Code 14-09-31).
In conclusion, if your ex wants to change the parenting schedule in North Dakota, they must follow the legal procedures outlined in the North Dakota Century Code. It is advisable to consult with a legal professional to understand your rights and responsibilities in this process.