Parental Rights and Interstate Residency
The issue of parental rights when one parent lives in a different state can be complex. It is governed by a combination of North Dakota Century Code and federal law, specifically the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
Jurisdiction in Child Custody Cases
Under North Dakota Century Code 14-14.1-12, North Dakota courts can exercise jurisdiction over child custody cases if North Dakota is the child’s home state, or if the child and at least one parent have a significant connection with the state and substantial evidence is available in the state concerning the child’s care, protection, training, and personal relationships.
This means that even if a parent lives in another state, they can still be subject to the jurisdiction of North Dakota courts if the child has significant connections with North Dakota.
Modification of Primary Residential Responsibility
According to North Dakota Century Code 14-09-06.6, the burden of proof is on the moving party in a motion to modify primary residential responsibility. This means that if a parent living in another state wishes to modify the custody arrangement, they would need to provide substantial evidence to support their claim.
Residence of Child
Under North Dakota Century Code 14-09-07, a parent with primary residential responsibility for a child may not change the primary residence of the child to another state except upon order of the court or with the consent of the other parent. This means that even if you live in another state, the other parent cannot move the child out of North Dakota without your consent or a court order.
Parental Rights and Adoption
According to North Dakota Century Code 14-15-05, a parent who consents to the adoption of a minor is entitled to legal counsel during all stages of a proceeding to terminate the parent and child relationship. This applies even if the parent resides in another state.
Personal Jurisdiction Over Nonresident Individuals
Under North Dakota Century Code 14-20-06, a tribunal of North Dakota may exercise personal jurisdiction over a nonresident individual in matters related to child custody if the individual has resided with the child in this state, provided prenatal expenses or support for the child, or engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.
Conclusion
In conclusion, living in another state does not automatically strip a parent of their parental rights in North Dakota. The courts will consider various factors, including the child’s best interests, the parent’s connection to North Dakota, and the availability of substantial evidence in the state. It is advisable to consult with a legal professional to understand the full implications of interstate residency on parental rights.