Child Custody in North Dakota

Overview of North Dakota Custody Law

North Dakota addresses child custody under NDCC Sections 14-09-06.1 through 14-09-06.6. The court uses the terms “residential responsibility” and “decision-making responsibility” to describe the two primary components of custody arrangements. All custody determinations are governed by the best interests of the child standard. North Dakota does not presume that joint custody is in every child’s best interest, and the court evaluates each case on its individual facts without preference based on the gender of the parent.

For a broader overview of custody frameworks, see our guide on child custody laws explained.

Types of Custody in North Dakota

North Dakota distinguishes between decision-making responsibility (legal custody) and residential responsibility (physical custody):

• Sole Custody — One parent has exclusive decision-making authority and primary residential responsibility for the child.
• Joint Custody — Both parents share decision-making authority and may share residential responsibility. The court considers the parents’ ability to cooperate and communicate when evaluating joint custody.
• Split Custody — Siblings may be placed with different parents in certain circumstances, though courts generally prefer to keep siblings together.
• Primary Residential Responsibility — The child lives primarily with one parent while the other parent has parenting time.
• Equal Residential Responsibility — The child spends approximately equal time with each parent.

Best Interests Factors

Under NDCC Section 14-09-06.2, the court considers the following factors when determining custody:

• The love, affection, and emotional ties between the parents and the child
• The capacity and disposition of each parent to provide love, affection, guidance, and education
• Each parent’s disposition to provide food, clothing, medical care, and other material needs
• The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity
• The permanence of the existing or proposed custodial home as a family unit
• The moral fitness of the parents as it relates to parenting ability
• The mental and physical health of the parents
• The home, school, and community record of the child
• The reasonable preference of the child, if of sufficient intelligence, understanding, and experience
• Evidence of domestic violence
• The interaction of the child with parents, siblings, and other significant persons
• Each parent’s willingness to facilitate a close and continuing relationship between the child and the other parent
• Whether either parent has perpetrated domestic violence

North Dakota law creates a rebuttable presumption against awarding custody to a parent who has perpetrated domestic violence.

Parenting Plans

North Dakota requires parents to submit a parenting plan as part of custody proceedings. The parenting plan must address residential responsibility, decision-making responsibility, a schedule for parenting time, provisions for holidays and vacations, and a method for resolving future disputes. If the parents cannot agree on a plan, the court will establish one based on the best interests factors.

Child’s Preference

North Dakota does not specify a particular age at which a child may choose which parent to live with. The statute allows the court to consider the child’s reasonable preference if the child is of sufficient intelligence, understanding, and experience to express a meaningful preference. In practice, courts give increasing weight to the child’s wishes as the child matures.

Relocation

Under NDCC Section 14-09-07, a parent with primary residential responsibility must provide at least 60 days advance written notice before relocating. The non-relocating parent may object to the relocation, and the court will evaluate the proposed move under the best interests standard. The court considers the purpose of the relocation, its impact on the child’s relationship with both parents, the quality of the child’s life in the proposed new location, and the feasibility of preserving the non-relocating parent’s relationship through modified parenting time.

Grandparent Visitation

Under NDCC Section 14-09-05.1, grandparents may petition for visitation rights. The court may grant visitation if it finds that the grandparent has established a significant relationship with the child and that visitation is in the child’s best interest. Consistent with the U.S. Supreme Court’s holding in Troxel v. Granville, the court gives appropriate weight to the decisions of fit parents regarding grandparent access.

When to Seek Legal Help

North Dakota’s custody framework involves a detailed best interests analysis and requires the preparation of a parenting plan. Whether you are establishing an initial custody arrangement, responding to a relocation request, or seeking a modification, consider scheduling a free consultation to discuss your situation with an experienced family law attorney.