Temporary Custody During Divorce in North Dakota
In North Dakota, it is possible to obtain temporary custody of a child during a divorce proceeding. This is governed by the North Dakota Century Code and the North Dakota Rules of Court.
Legal Provisions for Temporary Custody
According to North Dakota Century Code 14-05-23, during any time in which an action for separation or divorce is pending, the court, upon application of a party, may issue an order requiring a party to pay such support as may be necessary for the support of a party and minor children of the parties and for the payment of attorney’s fees. The court in the order may make an order concerning parental rights and responsibilities concerning the children of the parties.
This provision allows for the possibility of temporary custody during a divorce proceeding. The court’s decision will be based on what it deems to be in the best interests of the child or children involved.
Procedure for Obtaining Temporary Custody
To obtain temporary custody, a parent must file a motion in a pending proceeding for custodial responsibility in a court with jurisdiction under section 14 -09.3-03. If there is no pending proceeding in a court with jurisdiction under this section, the motion must be filed in a new action for granting custodial responsibility during deployment.
Custodial Responsibility During Deployment
In cases where a parent is deploying, either parent may file a motion regarding custodial responsibility of a child during deployment. After a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility established under sections 14 -09.3-07 through 14 -09.3-10 or sections 14-09.3-11 through 14 -09.3-21 is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interests of the child, even if the time of contact exceeds the time the deploying parent spent with the child before deployment.
Termination of Temporary Custody
According to North Dakota Century Code 14-09.3-25, if an agreement between the parties to terminate a temporary order for custodial responsibility under sections 14-09.3-11 through 14 -09.3-21 has not been filed, the order terminates sixty days after the deploying parent gives notice to the other parent. In the absence of an agreement to terminate, a temporary agreement granting custodial responsibility terminates under sections 14 -09.3-07 through 14 -09.3-10 sixty days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.
Conclusion
In conclusion, it is possible to obtain temporary custody during a divorce in North Dakota. The process involves filing a motion in a court with jurisdiction and the court’s decision will be based on what it deems to be in the best interests of the child or children involved. It is important to consult with a legal professional to understand the specific requirements and implications of seeking temporary custody during a divorce.