When contemplating divorce, parents with children often take longer to initiate the divorce process. The idea of wondering who’s going to get custody of the children, and everything that comes with child custody situations, tends to be of great concern for both parents. While a parent may have fears regarding the possibility of losing custody, it’s essential for both parents to fully understand the North Dakota child custody factors that are currently in effect for ND residents. For the most part, North Dakota courts encourage children to have a relationship with both parents, but only if it’s in the best interest of the child.
Who Gets Custody of the Children?
North Dakota encourages parents seeking a divorce to first try and figure out what they believe to be the best child custody arrangements so the courts can take this into consideration. If you and your spouse can come to an agreement on child custody arrangements, and the arrangement is keeping the best interests of the child in mind, the North Dakota Family Law court system will deliberate on this first agreement before taking it upon themselves to determine the best child custody option.
Our Family Law experts can help you decide what’s best for your children when seeking a divorce in ND.
North Dakota Child Custody Factors
Like most states, child custody in the state of North Dakota is based on the best interest of the child, which is dependent on a number of factors.
- Which parent can better tend to their children’s emotional needs? The ability for a parent to provide the child with the love and guidance they need is a huge factor when determining custody.
- Which parent can better tend to their children’s physical needs? The courts will want to know which parent can better provide shelter, food, and clothing, more, for the child.
- Has there been domestic violence in the household? If yes, more information on the specifics will be required.
- Does the child prefer to live with one parent over the other? North Dakota courts will take into consideration the current emotional attachment the child has with each parent.
- Have there been any false accusations, of any kind, in the household? When false accusations are made, this can undermine the moral fitness of the parent making the false accusations.
- Are both parents mentally and physically able to properly take care of the child? Child custody will often be given to the parent who can better care for the child. If both parents fit this criteria, joint custody is a viable option.
Sole or Joint Custody?
In North Dakota, you can file for sole custody or joint custody of your children.
- Sole Custody: Even if both parents agree that one parent will get sole custody, if the courts question the responsibility of this parent, a Parenting Investigator may be assigned to the case in order to determine whether or not that the parent wanting sole custody can provide the child with the best living arrangement. Sole child custody cases in North Dakota require the non-custodial parent to pay child support.
- Joint Custody: Joint custody in North Dakota is also an option, which allows children to spend time with both parents after the divorce. Shared child custody cases in North Dakota require the higher earning parent to pay child support to the lower earning parent.
Hankey – Best Family Law Practice in ND
Hankey Law can answer any divorce questions you have, as well as any child custody concerns you may have when divorcing in the state of North Dakota. According to Dr. John T. Chirban, an expert on protecting children whose parents are divorcing, “parents can have a powerful and positive impact on their children by being in tune with their interactions during divorce.” If you need more information on the impact divorce can have on children, or are ready for legal advice on how to file for child custody in North Dakota, we invite you to contact our Family Law Attorney experts today.
Wondering how to file for child custody in North Dakota?
Call 701-746-4529 with your questions so we can guide you towards what’s best for you and your child .
Disclaimer: These articles are intended for informational purposes only, and so you could learn more about the firm and the services we offer. None of the information contained in these article constitutes either legal advice or a solicitation of any particular prospective client.