When parents separate or divorce in North Dakota, they will need to address matters of child custody. Usually, child custody is decided through a settlement agreement, court order, or trial. Regardless of how custody is established, the parent who the child lives with is referred to as the custodial parent, and the parent who does not live with the child is referred to as the noncustodial parent. If the custodial parent wants to move out of North Dakota with the child, it can create complications and disputes.
Legal Standards for Interstate Move-Aways:
A North Dakota parent, especially a custodial parent, might want to move out of the state for various reasons, such as new job opportunities or relocating closer to family members. However, when the move involves children, it can be much more complicated. Usually, moving out of state means that the noncustodial parent will have less time with the child, and the relationship between the child and the noncustodial parent may be negatively affected.
The legal standard for interstate move-aways in North Dakota is known as the "best interests of the child" standard. The court will consider various factors such as:
- The child’s relationship with the noncustodial parent.
- The motivation behind the custodial parent’s desire to move.
- The likelihood that the move will improve the child’s life.
- The potential harm to the child from maintaining or disrupting the status quo.
- The current custody arrangement.
- The child’s ties to North Dakota.
- The feasibility of preserving the relationship between the noncustodial parent and the child through long-distance visitation.
Providing Notice to the Noncustodial Parent:
If a custodial parent wants to move out of state with the child, they must provide notice to the noncustodial parent. A North Dakota custodial parent must provide the noncustodial parent with a written notice of their intent to move at least 60 days before the scheduled move.
Mediation:
After a custodial parent has provided notice to the noncustodial parent, the noncustodial parent may request mediation in North Dakota. Mediation is a method of resolving disputes through negotiation with the assistance of a neutral third-party mediator.
Filing a Motion with the Court:
If the custodial parent and the noncustodial parent cannot reach an agreement, the next step is for the custodial parent to file a motion with the court. The court will schedule a hearing where both parents can present arguments and evidence.
Child Custody Modification:
If a North Dakota court finds that a move is in the child’s best interests, it may modify the custody order. The modification may involve a change in physical custody, legal custody, or visitation terms.
Conclusion:
North Dakota child custody and interstate move-aways can be a complicated issue. It is essential to focus on the best interests of the child, as the court will aim to do so when deciding whether to allow the move. A North Dakota custodial parent must provide notice to the noncustodial parent and must work with them to reach an agreement. If no agreement can be reached, the custodial parent may need to file a motion with the court. Ultimately, the court will care about what is best for the child and will make a decision accordingly.