Disagreeing with Child Custody Arrangements in North Dakota
In North Dakota, if you disagree with the child custody arrangements in your divorce, there are several legal avenues you can pursue. The state’s laws and procedures are designed to ensure the best interests of the child are prioritized. This article will explore the legal procedures, statutes, and case law relevant to this issue.
Understanding North Dakota’s Child Custody Laws
Under the North Dakota Century Code (NDCC) 14-09-06.2, the court considers several factors when determining child custody arrangements. These factors include allegations of abuse, the child’s special needs, the child’s environment, and any conflicts of interest between the child and parents. The court also considers whether a guardian ad litem could provide significant information not otherwise available ([verification required]).
If you believe that the court did not adequately consider these factors, or if new information has come to light, you may have grounds to request a modification of the custody order.
Requesting a Modification of the Custody Order
According to NDCC 14-05-22, the court can modify a custody order at any time. However, the party seeking modification must establish a prima facie case justifying a modification. This means that you must present sufficient evidence to support your claim before the court will consider it.
The court will consider the motion on briefs and without oral argument or evidentiary hearing. If the court finds that you have established a prima facie case, it will set a date for an evidentiary hearing.
Factors Considered in Modification Requests
When considering a modification request, the court will look at whether the child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development. The court will also consider whether the primary residential responsibility for the child has changed to the other parent for longer than six months (NDCC 14-05-22).
Temporary Restraining Provisions
In North Dakota, a summons in an action to determine parental rights and responsibilities must include certain restraining provisions. These provisions include that neither spouse may remove any of their minor children from North Dakota without the written consent of the other spouse or order of the court (NDCC 14-09.4-12).
Legal Consequences of Non-Compliance
Non-compliance with the terms of a child support order can have serious legal consequences. According to NDCC 14-05-23, if a parent fails to comply with the terms of a child support order, they may be charged under this section. Compliance with the terms of a child support order by a parent is an affirmative defense to a charge under this section made against that parent.
Conclusion
If you disagree with the child custody arrangements in your divorce, it’s crucial to understand the legal procedures and statutes in North Dakota. You have the right to request a modification of the custody order if you can establish a prima facie case. However, it’s essential to comply with all court orders and restraining provisions to avoid legal consequences. Always consult with a legal professional to ensure you understand your rights and responsibilities.