Relocation of the Custodial Parent in North Dakota
In North Dakota, the relocation of a custodial parent is governed by specific statutes and court rules. The process and implications of such a move are detailed below.
Legal Provisions for Relocation
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.
Equal Residential Responsibility
In cases where both parents share equal residential responsibility, the parent intending to move the child to another state must obtain the consent of the other parent or an order of the court allowing the move and awarding that parent primary residential responsibility (North Dakota Century Code 14-09-07).
Exceptions to the Requirement for Court Order or Consent
A court order is not required for the parent with primary residential responsibility to move the child to another state 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 (North Dakota Century Code 14-09-07).
Jurisdictional Considerations
The jurisdiction for custody matters remains with North Dakota if the child, a parent, or a person acting as a parent continues to live in the state. The court of another state may not have jurisdiction, or a court of the home state of the child may have declined to exercise jurisdiction on the ground that North Dakota is the more appropriate forum under section 14-14.1-18 or 14-14.1-19.
Duty to Notify of Change of Address
Under North Dakota Century Code 14-09.3-05, an individual to whom custodial responsibility has been granted during deployment must notify the deploying parent and any other individual with custodial responsibility of a child of any change of the individual’s mailing address or residence until the grant is terminated. The individual must also provide the notice to any court that has issued a custody or child support order concerning the child which is in effect.
In conclusion, if a custodial parent in North Dakota wishes to move out of state, they must either obtain the consent of the other parent or a court order. Exceptions exist if the other parent has not exercised parenting time for a year or has moved to another state and is more than fifty miles away. The relocating parent also has a duty to notify the other parent, any other individual with custodial responsibility, and the court of any change in their mailing address or residence.