Introduction
Divorce proceedings can be complex, particularly when they involve matters of child custody and relocation. In North Dakota, the laws governing these issues are outlined in the North Dakota Century Code. This article will provide a detailed overview of the legal aspects of divorce in North Dakota, with a particular focus on child custody and relocation.
Child Custody in North Dakota
In North Dakota, child custody is determined based on the best interests of the child. The court considers several factors, including the child’s relationship with each parent, the child’s age and health, and the ability of each parent to provide for the child’s needs (North Dakota Century Code § 14-09-06.2).
Jurisdiction Over Child Custody Cases
According to the North Dakota Century Code § 14-14.1-12, a North Dakota court may exercise jurisdiction over a child custody case if the child and at least one parent have a significant connection with the state, and substantial evidence is available in the state concerning the child’s care, protection, training, and personal relationships. The court may also exercise jurisdiction if it is determined to be the more appropriate forum under sections 14-14.1-18 or 14-14.1-19.
Custody During Parental Deployment
In cases where a parent is deployed for military service, the North Dakota Century Code § 14-09.3-03 provides that a court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent. Either parent may file a motion regarding custodial responsibility during deployment.
Relocation of a Child in North Dakota
The relocation of a child to another state during or after a divorce is a significant issue that is governed by specific laws in North Dakota.
Restrictions on 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. A parent with equal residential responsibility may not change the residence of the child to another state except with the consent of the other parent or order of the court allowing the move and awarding that parent primary residential responsibility.
Exceptions to the Restrictions
There are exceptions to these restrictions. A court order is not required 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.
Conclusion
In conclusion, the relocation of a child to another state during or after a divorce in North Dakota is a complex issue that is governed by specific laws. It is crucial for parents and guardians to understand these laws and to seek legal advice when considering such a move. The best interests of the child are always the primary consideration in these cases, and the courts will make decisions based on these interests.