Joint Parental Rights in North Dakota
In North Dakota, it is possible to request joint parental rights with your ex-spouse. This is often referred to as joint custody or shared parenting responsibility. The process and considerations for this request are governed by the North Dakota Century Code and the rules of the court.
Legal Provisions for Joint Parental Rights
According to North Dakota Century Code 14-05-22, in an action for divorce, the court may give direction for parenting rights and responsibilities of the children of the marriage. This can be done before or after judgment, and the court may vacate or modify the same at any time. Any award or change of primary parental responsibilities must be made in accordance with the provisions of chapter 14 -09.
Considerations for Joint Parental Rights
The court’s primary consideration in determining parental rights and responsibilities is the best interests of the child. This includes considering factors such as the child’s relationship with each parent, the child’s developmental needs, and the ability of each parent to meet those needs.
However, it’s important to note that if the court finds that domestic violence has occurred, the court shall consider such domestic violence in determining whether joint decision-making responsibility is in the best interests of the child (North Dakota Century Code 14-07.1-01). In such cases, the court shall make orders for the allocation of parental rights and responsibilities that best protect the child, the parent, or both.
Procedure for Requesting Joint Parental Rights
The procedure for requesting joint parental rights typically involves filing a motion with the court. As per Rule 8.3.1, in any action for the determination of parental rights or a motion to modify residential responsibility, the parties and their attorneys must meet in person or by electronic means to prepare a joint informational statement within 30 days after service of the complaint or entry of an order for an evidentiary hearing under N.D.C.C. 14-09-06.6.
Restraining Provisions
It’s also important to note that during the process of determining parental rights and responsibilities, certain restraining provisions apply. For instance, neither spouse may remove any of their minor children from North Dakota without the written consent of the other spouse or order of the court (Rule 8.12).
Right to Legal Counsel
In any proceeding related to parental rights, a parent has a right to counsel during all stages. If indigent, the parent has a right to have legal counsel provided at public expense (Rule 8.12).
In conclusion, while it is possible to request joint parental rights in North Dakota, the process involves several legal considerations and procedures. It is advisable to seek legal counsel to navigate this process effectively and ensure the best outcome for all parties involved, especially the child or children.