Yes, you can modify a parental rights order after the court’s decision under certain circumstances. According to the North Dakota Century Code, there are specific conditions and timeframes that must be met for a modification to be considered.
Modification of Primary Residential Responsibility
According to North Dakota Century Code 14-09-06.6, a motion to modify primary residential responsibility cannot be made earlier than two years after the date of entry of an order establishing primary residential responsibility, unless certain conditions are met. These conditions include persistent and willful denial or interference with parenting time, the child’s present environment endangering the child’s physical or emotional health, or the residential responsibility for the child has changed to the other parent for longer than six months.
Within Two Years of the Order
The court may not modify the primary residential responsibility within the two-year period following the date of entry of an order establishing primary residential responsibility unless the court finds the modification is necessary to serve the best interests of the child and the conditions mentioned above are met.
After Two Years of the Order
The court may modify the primary residential responsibility after the two-year period following the date of entry of an order establishing primary residential responsibility if the court finds 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.
Modification of Parental Rights and Responsibilities
According to North Dakota Century Code 14-05-22, in an action for divorce, the court may give direction for parenting rights and responsibilities of the children of the marriage and may vacate or modify the same at any time. Any award or change of primary parental responsibilities must be made in accordance with the provisions of chapter 14-09.
After making an award of primary residential responsibility, the court, upon request of the other parent, shall grant such rights of parenting time as will enable the child to maintain a parent-child relationship that will be beneficial to the child, unless the court finds, after a hearing, that such rights of parenting time are likely to endanger the child’s physical or emotional health.
Modification of Custodial Responsibility to Nonparent
According to North Dakota Century Code 14-09.3-21, on motion of a deploying or other parent or any nonparent to whom caretaking authority, decision-making authority, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with sections 14-09.3-11 through 14-09.3-21 and it is in the best interests of the child. A modification is temporary and terminates pursuant to sections 14-09.3-22 through 14-09.3-25 after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
In conclusion, while it is possible to modify a parental rights order after the court’s decision, it is subject to specific conditions and timeframes as outlined in the North Dakota Century Code. It is advisable to consult with a legal professional to understand the full implications and procedures involved in such a modification.