Legal Custody and Physical Custody in North Dakota
In North Dakota, the law distinguishes between two types of custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child’s upbringing, such as education, healthcare, and religious upbringing. Physical custody, on the other hand, refers to where the child will live.
Requesting Joint Legal Custody but Primary Physical Custody
In North Dakota, it is possible to request joint legal custody but primary physical custody. This arrangement allows both parents to have an equal say in major decisions about the child’s life, while the child primarily resides with one parent. The other parent typically has visitation rights.
This arrangement is often sought when parents can cooperate on decisions about the child’s upbringing but believe it is in the child’s best interest to primarily live with one parent. The court will consider such a request in light of the child’s best interests, as required by North Dakota Century Code 14-09-06.2.
Factors Considered by the Court
When determining custody arrangements, the court considers several factors to ensure the child’s best interests are met. These factors include the child’s relationship with each parent, the child’s age and health, the ability of each parent to provide for the child’s needs, and the willingness of each parent to facilitate a relationship between the child and the other parent.
In some cases, the court may also consider the preference of the child, depending on the child’s age and maturity. The court may also consider any history of domestic violence, as per North Dakota Century Code 14-09-06.2(1)(j).
Modification of Custody Orders
Once a custody order is in place, it can be modified if there is a substantial change in circumstances. According to North Dakota Century Code 14-09.4-14, a party seeking modification must show 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.
Conclusion
In conclusion, it is possible to request joint legal custody but primary physical custody in North Dakota. However, the court’s primary concern is always the best interest of the child. Therefore, any custody arrangement must reflect this principle. It is advisable to consult with a family law attorney to understand the best course of action in your specific situation.