Can I modify a child custody order?

Modifying a Child Custody Order in North Dakota

In North Dakota, the law allows for the modification of a child custody order under certain circumstances. The legal provisions for this are found in the North Dakota Century Code, specifically in sections 14-09.3-21, 14-09.3-08, 14-09.4-14, and 14-14.1-14.

Conditions for Modification

According to section 14-09.3-21 of the North Dakota Century Code, a child custody order can be modified or terminated if it is in the best interests of the child. This modification can be initiated by a deploying parent, the other parent, or any nonparent who has been granted caretaking authority, decision-making authority, or limited contact. However, the modification is temporary and terminates when the deploying parent returns from deployment, unless the court terminates the grant before that time.

Modification of Agreement

Section 14-09.3-08 provides that parents can mutually consent to modify an agreement regarding custodial responsibility. If the agreement is modified before the 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 the agreement is modified during the 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.

Modification of Custody or Visitation

Under section 14-09.4-14, the 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 that modification is in the best interest of the child.

Jurisdiction to Modify Determination

Section 14-14.1-14 states that a court in North Dakota may not modify a child custody determination made by a court of another state unless it has jurisdiction to make an initial determination and the court finds that the child, the child’s parents, or any person acting as a parent do not presently reside in the other state.

Additional Considerations

In addition to the above, section 14-09.4-14 also provides that the court may modify an order concerning primary residential responsibility if it finds that a material change has occurred in the circumstances of the child or the parties, and the modification is necessary to serve the best interests of the child. The court may also modify a prior order concerning primary residential responsibility at any time if it finds a stipulated agreement by the parties to modify the order is in the best interests of the child.

In conclusion, while it is possible to modify a child custody order in North Dakota, it is subject to several conditions and legal procedures. It is advisable to consult with a legal professional to understand the full implications of these laws and how they apply to your specific situation.