Modification of Custody Orders in North Dakota
In North Dakota, a custody order can indeed be changed or modified under certain circumstances. The process and conditions for such modifications are governed by specific sections of the North Dakota Century Code.
Conditions for Modification
According to Section 14-09.4-14 of the North Dakota Century Code, a court may modify a final custody or visitation order on a showing by a preponderance of the evidence that:
- A substantial and continuing change in circumstance has occurred relevant to the custody of or visitation with the child; and
- Modification is in the best interest of the child.
This means that the party seeking modification must demonstrate that there has been a significant change in circumstances since the original order was issued, and that the proposed modification would serve the child’s best interests.
Modification of Custodial Responsibility to Nonparent
Section 14-09.3-21 provides that the court may modify or terminate the grant of custodial responsibility to a nonparent. This modification or termination must be consistent with sections 14-09.3-11 through 14-09.3-21 and it must be in the best interests of the child. However, this modification is temporary and terminates after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
Modification of Agreement
According to Section 14-09.3-08, parents can mutually consent to modify an agreement regarding custodial responsibility. If an agreement is modified before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement. If an agreement is modified during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
Stipulated Agreement
The court may also modify a prior order concerning primary residential responsibility at any time if the court finds a stipulated agreement by the parties to modify the order is in the best interests of the child, as per Section 14-09.3-07.
In conclusion, while a custody order can be changed in North Dakota, the process is governed by specific legal provisions and is subject to the court’s determination of the child’s best interests. It is advisable for parties seeking to modify a custody order to consult with a legal professional to understand the requirements and implications of such a change.