Co-Parenting App for North Dakota Parents

What North Dakota courts consider in custody decisions

North Dakota enacted a rebuttable presumption of equal residential responsibility (equal parenting time) in 2021. Under § 14-09-06.2, the court considers 13 factors including the love, affection, and emotional ties between the child and each parent, each parent's capacity and disposition to provide love, affection, and guidance, each parent's sufficiency and disposition to provide food/clothing/medical care/education, the length of time the child has lived in a stable environment, the permanence of the existing custodial arrangement, the moral fitness of the parents, the mental and physical health of the parents, the child's interaction with parents and siblings, the child's adjustment to home/school/community, the willingness and ability of each parent to facilitate and encourage the child's relationship with the other parent, any evidence of domestic violence, the child's preference (if of sufficient maturity), and any other factors deemed relevant.

How the custody process works in North Dakota

North Dakota custody cases are filed in District Court. Under the 2021 equal parenting time presumption, the court begins from a baseline of equal residential responsibility, which can be rebutted by a preponderance of the evidence. Parents must file a parenting plan that details residential schedules and decision-making authority. The court may order mediation through court-connected services or appoint a guardian ad litem or parenting investigator to evaluate the family situation. The equal-time presumption does not apply when domestic violence or child abuse has been established.

Key North Dakota custody statutes

• N.D. Cent. Code § 14-09-06.2
• N.D. Cent. Code § 14-09-06.1
• N.D. Cent. Code § 14-09-29