Modifying a Parenting Plan in North Dakota
In North Dakota, the process of modifying a parenting plan is governed by specific statutes and court rules. This article will provide a detailed overview of the legal procedures and requirements involved in this process.
Legal Grounds for Modification
According to North Dakota Century Code 14-09-06.6, a parenting plan can be modified if there is a significant change in circumstances that could potentially affect the child’s best interests. This could include:
- The persistent and willful denial or interference with parenting time;
- The child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development; or
- The primary residential responsibility for the child has changed to the other parent for longer than six months.
Procedure for Requesting a Modification
A party seeking modification of an order concerning primary residential responsibility must serve and file moving papers and supporting affidavits, and give notice to the other party to the proceeding who may serve and file a response and opposing affidavits (N.D.C.C. 14-09-06.6).
The court will consider the motion on briefs and without oral argument or evidentiary hearing and will deny the motion unless the court finds the moving party has established a prima facie case justifying a modification. If a prima facie case is established, the court will set a date for an evidentiary hearing.
Case Management and Compulsory Meeting
Under Rule 8.3.1 of the North Dakota Rules of Court, in any action for the determination of parental rights or a motion to modify residential responsibility, the parties and their attorneys must meet in person or by electronic means to prepare a joint informational statement within 30 days after service of the complaint or entry of an order for an evidentiary hearing.
Waiving Rule Requirements
A party making a motion for change of residential responsibility may request as part of the motion to waive the requirements of the rule. The party making a waiver request must show that there is a need for expedited resolution or that there are limited and uncomplicated issues to be resolved. The party opposing a motion for change of residential responsibility may also request waiver in its response and may also resist or concur with a waiver request made by the moving party (Rule 8.2(c)).
Parenting Plan Contents
In any proceeding to establish or modify a judgment providing for parenting time with a child, the parents shall develop and file with the court a parenting plan 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 (N.D.C.C. 14-09-30).
A parenting plan must include, at a minimum, provisions regarding decision-making responsibility, information sharing and access, legal residence of a child for school attendance, residential responsibility, parenting time, and parenting schedule, among other things.
Conclusion
Modifying a parenting plan in North Dakota involves a detailed legal process that requires a significant change in circumstances and adherence to specific court rules and procedures. It is always advisable to consult with a legal professional when considering such a modification to ensure compliance with all legal requirements and to protect the best interests of the child involved.