Divorce in North Dakota

In North Dakota, the court will make child custody decisions based upon the best interests and welfare of the child. There is no presumption as to whether the mother or father will better promote the best interest and welfare of the child. The best interests and welfare of the child is determined by the court's consideration and evaluation of the following factors:

• The love, affection and other emotional ties existing between the parents and child
• The capacity and disposition of the parents to give the child love, affection and guidance and to continue the education of the child
• The disposition of the parents to provide the child with food, clothing, medical care or other remedial care
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
• The permanence of the proposed existing custodial home
• The moral fitness of the parents
• The mental and physical health of the parents
• The home, school and community record of the child
• The preference of the child, if the child is of sufficient maturity to express a preference
• Evidence of domestic violence
• The interaction and interrelationship of the child with any person who resides in or frequents the household
• The making of any false accusations by one parent against the other
• Any other relevant factors

The court usually grants the noncustodial parent rights of visitation so that the child and the noncustodial parent may maintain a parent-child relationship that is beneficial to the child, unless the court finds that the visitation is likely to endanger the child's physical or emotional health.

You may seek a modification of the custody award if you can show that there has been a change of circumstances that affects the best interests of the child and requires a change in custody.

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Child Support

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