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Obtaining Custody Of Children During Divorce

Going through a divorce is never an easy process, especially when children are involved. Because the main concern when parents get divorced is who’s going to get custody of the children, it’s essential for both parties to fully understand their custody rights. While the majority of divorce cases tend to have one parent wanting full custody and the other parent agreeing, when both parents want full custody of the children issues can arise.

When parents aren’t able to come to an agreement on who should get full custody of their children, the divorce is considered to be contested. Because any divorce can have serious and long-term consequences, hiring a family law attorney to help guide you through the process is highly recommended, especially if it’s a contested divorce.

At Hanky Law firm in Grand Forks, North Dakota, we specialize in family law and child custody issues.

ND Child Custody Laws
Like most states, ND child support laws puts the best interests of the children first. When parents aren’t able to come to an agreement regarding custody rights, the best interest of the children will then be determined by the North Dakota court system. In order to encourage parents to come to a mutual agreement, information on both the mother’s and father’s custody rights is available.
For example, North Dakota father’s custody rights allow the father to petition for child support from the other parent when awarded full custody. Also, North Dakota mother’s custody rights do not automatically assume the mother is the better parent. Contact or call 701-746-4529 if you need any specific information.

Why Full Custody?
When one parent wants full custody, the courts are going to want to know why they are seeking full custody vs. shared custody. Some of the more common reasons for one parent wanting full custody include not trusting the other parent, believing the other parent is unfit, and any form of abuse that may be occurring. If a child is mature enough, the courts may listen to what they have to say.
Some factors that could qualify as grounds for full custody are below. A parent may be deemed by the courts to be unfit if they:

  • Don’t have a close relationship with the children, i.e. aren’t able to provide the love, affection, nurture and guidance children need to grow up happy and productive
  • Aren’t able to provide the children with their basic needs, i.e. food, clothing, shelter, medical care
  • Don’t know how to be a good role model, i.e. no moral standards
  • Aren’t able to protect their children from anyone who may pose a danger to them
  • Are abusive in any manner, i.e. physical, emotional, or mental

When one parent is given full custody, the other parent can request a visitation schedule. North Dakota courts refer to this as a Parenting Time Schedule, which must be submitted to the courts for approval. For more information on this speak with our Parenting Investigator.

Bottom Line
At Hankey Law Firm, we know exactly what to do when one parent is seeking full custody. Our job is to help you understand the custody process so you know exactly what’s going on throughout the entire process. When you contact us for legal help, we will assign a family law attorney to your case so you can have someone by your side when going to court.

Call 701-746-4529 to speak with a family law and child custody attorney now!