Introduction
Divorce is a complex legal process that involves various aspects, including property division, spousal support, and child custody. In North Dakota, the law provides for the creation of a parenting plan in cases where children are involved. This article will explore the legal provisions and procedures related to divorce and parenting plans in North Dakota.
Parenting Plans in North Dakota
According to the North Dakota Century Code 14-09-30, in any proceeding to establish or modify a judgment providing for parenting time with a child, the parents are required to develop and file with the court a parenting plan. This plan is to be included in the court’s decree. If the parents are unable to agree on a parenting plan, the court shall issue a parenting plan considering the best interests of the child.
Key Components of a Parenting Plan
The North Dakota Century Code 14-09-30 stipulates that a parenting plan must include, at a minimum, provisions regarding the following or an explanation as to why a provision is not included:
- Decision-making responsibility relative to routine or day-to-day decisions and major decisions such as education, health care, and spiritual development.
- Information sharing and access, including telephone and electronic access.
- Legal residence of a child for school attendance.
- Residential responsibility, parenting time, and parenting schedule, including holidays and days off from school, birthday, and vacation planning; weekends and weekdays; and summers.
- Transportation and exchange of the child, considering the safety of the parties.
- Procedure for review and adjustment of the plan.
- Methods for resolving disputes.
Parenting Coordinator
In any action for divorce, legal separation, paternity, or guardianship in which children are involved, the court may appoint a parenting coordinator to assist the parties in resolving disputes related to the parenting plan or court order (North Dakota Century Code 14-09.2-02). The parenting coordinator’s role includes recommending strategies for implementing the parenting plan, assisting the parties in developing communication and cooperation for effective co-parenting, and documenting the services provided and agreements reached.
Parental Rights and Responsibilities
In North Dakota, “parenting time” refers to the time when the child is to be in the care of a parent, while “residential responsibility” refers to a parent’s responsibility to provide a home for the child (North Dakota Century Code 14-09-30). A parent with more than fifty percent of the residential responsibility is considered to have “primary residential responsibility.”
Termination of Parental Rights
According to Rule 8.12, a parent has a right to counsel during all stages of a proceeding to terminate that parent’s parental rights. If indigent, the parent has a right to have legal counsel provided at public expense. The notice of hearing or summons must advise the parent of these rights, and the court must confirm that the notice was given.
Conclusion
In conclusion, parents in North Dakota can indeed create their own parenting plan during a divorce proceeding. However, if they are unable to agree on a plan, the court will issue one considering the best interests of the child. The law provides for the appointment of a parenting coordinator to assist in resolving disputes related to the parenting plan. Parents have specific rights and responsibilities, and they are entitled to legal counsel in proceedings to terminate parental rights.