Jurisdiction in Divorce Cases
In the context of divorce, jurisdiction refers to the court’s authority to make legal decisions. In North Dakota, the court’s jurisdiction is determined by several factors, including the residency of the parties involved and the location of the child or children, if any.
Residency Requirements
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. 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.
When the Other Parent Moves to Another State
If the other parent moves to another state and is more than fifty miles [80.47 kilometers] from the residence of the parent with primary residential responsibility, a court order is not required (North Dakota Century Code 14-09-07). However, this does not automatically transfer jurisdiction to the new state. The court in North Dakota may still have jurisdiction over the case, especially if the child or children continue to reside in North Dakota.
Child Custody and Support
Child custody and support are significant issues in divorce cases. In North Dakota, the courts consider several factors when determining which state should have jurisdiction over these matters.
Factors Considered by the Court
The court will consider all relevant factors, including whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child, the length of time the child has resided outside this state, the distance between the court in this state and the court in the state that would assume jurisdiction, the relative financial circumstances of the parties, any agreement of the parties as to which state should assume jurisdiction, and the nature and location of the evidence required to resolve the pending litigation, including testimony of the child.
Child 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). This means that even if the other parent moves to another state, child support payments would still be made through the North Dakota state disbursement unit, unless the court orders otherwise.
Modification of Child Custody and Support Orders
If there is a need to modify child custody or support orders after one parent moves to another state, the court in North Dakota may still have jurisdiction over the case. According to North Dakota Century Code 14-12.2-08, a tribunal of this state may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or foreign country.
Burden of Proof
Upon a motion to modify primary residential responsibility under this section, the burden of proof is on the moving party (North Dakota Century Code 14-09-07). This means that the parent seeking to change the child’s primary residence would need to prove that the change is in the best interest of the child.
In conclusion, if your ex moves to another state, it does not automatically transfer jurisdiction to the new state. The court in North Dakota may still have jurisdiction over your case, especially if your child or children continue to reside in North Dakota. It is advisable to consult with a legal professional to understand how these laws apply to your specific situation.