Understanding North Dakota child custody laws is essential for any parent going through a divorce or separation. This comprehensive guide covers the types of custody North Dakota recognizes, how courts determine the best interests of the child, parenting plan requirements, relocation rules, and how to modify existing custody orders. Whether you are negotiating a custody agreement or preparing for a custody hearing, this guide explains North Dakota’s custody framework in clear terms.
Verified against North Dakota family law statutes as of April 2026.
In This North Dakota Custody Guide:
Types of Custody in North Dakota
North Dakota recognizes several types of custody arrangements:
| Type | Description |
|---|---|
| Legal Custody | The right to make major decisions about the child’s education, healthcare, and religious upbringing. |
| Physical Custody | Where the child primarily lives on a day-to-day basis. |
| Joint Custody | Both parents share legal custody, physical custody, or both. |
| Sole Custody | One parent has exclusive legal or physical custody. |
Joint custody presumption: NO. North Dakota does not have a statutory presumption favoring joint custody (shared residential responsibility). The court evaluates each case individually based on the best interest factors under NDCC § 14-09-06.2. A ballot measure (Measure 6, 2014) that would have created a presumption of equal parenting time was defeated by voters. Courts may order joint or shared arrangements but are not presumed to favor them.
North Dakota Best Interest of the Child Standard
The best interests of the child standard is the primary framework North Dakota courts use for all custody decisions. This standard considers what arrangement will best serve the child’s physical, emotional, and developmental needs.
North Dakota courts evaluate these best interest factors when making custody decisions:
- Under NDCC § 14-09-06.2
- the court must consider and evaluate ALL of the following factors when applicable: (a) The love
- affection
- and other emotional ties existing between the parents and child and the ability of each parent to provide the child with nurture
- love
- affection
- and guidance. (b) The ability of each parent to assure that the child receives adequate food
- clothing
- shelter
- medical care
- and a safe environment. (c) The child’s developmental needs and the ability of each parent to meet those needs
- both in the present and in the future. (d) The sufficiency and stability of each parent’s home environment
- the impact of extended family
- the length of time the child has lived in each parent’s home
- and the desirability of maintaining continuity in the child’s home and community. (e) The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child. (f) The moral fitness of the parents
- as that fitness impacts the child. (g) The mental and physical health of the parents
- as that health impacts the child. (h) The home
- school
- and community records of the child and the potential effect of any change. (i) If the court finds by clear and convincing evidence that a child is of sufficient maturity to make a sound judgment
- the court may give substantial weight to the preference of the mature child. The court shall also give due consideration to other factors that may have affected the child’s preference
- including whether the child’s preference was based on undesirable or improper influences. (j) Evidence of domestic violence. In determining parental rights and responsibilities
- the court shall consider evidence of domestic violence. If the court finds credible evidence that domestic violence has occurred
- and there exists one incident of domestic violence which resulted in serious bodily injury or involved the use of a dangerous weapon or there exists a pattern of domestic violence within a reasonable time proximate to the proceeding
- this combination creates a rebuttable presumption that a parent who has perpetrated domestic violence may not be awarded residential responsibility for the child. (k) The interaction and interrelationship
- or the potential for interaction and interrelationship
- of the child with any person who resides in
- is present
- or frequents the household of a parent and who may significantly affect the child’s best interests. The court shall consider that person’s history of inflicting
- or tendency to inflict
- physical harm
- bodily injury
- assault
- or the fear of physical harm
- bodily injury
- or assault
- on other persons. (l) The making of false allegations not made in good faith
- by one parent against the other
- of harm to a child. (m) Any other factors considered by the court to be relevant to a particular parental rights and responsibilities dispute.
Child’s preference: In North Dakota, a child’s custody preference may be considered when the child reaches No specific age. North Dakota does not set a statutory minimum age at which a child may express a custody preference. Under NDCC § 14-09-06.2(i), the court may give “substantial weight” to the preference of a mature child IF the court finds by clear and convincing evidence that the child is of “sufficient maturity to make a sound judgment.” Courts assess maturity case-by-case, considering consistency of the preference, reasons behind it, the child’s intelligence and ability to articulate, and whether undesirable influences affected the preference. Case law has found children as young as 8 old enough to state a reliable preference, but a 13-year-old might be found insufficiently mature in another case. Older children’s preferences generally carry more weight.. The weight given to the child’s preference increases with age and maturity. The court considers the child’s reasoning and whether the preference is influenced by a parent.
North Dakota Parenting Plans
North Dakota requires parents to submit a parenting plan as part of custody proceedings. A North Dakota parenting plan must include: (1) Designation of the child’s primary residence for legal and educational purposes. (2) A statement defining residential responsibility (custody). (3) Delegation of decision-making authority on important matters including education, religious upbringing, and medical care. (4) Stipulations facilitating the sharing of and access to important information about the child. (5) A parenting time schedule including a residential schedule, holiday schedule, and vacation schedule. (6) A method for resolving future disputes between the parents.
Key elements of an effective parenting plan:
- Regular residential schedule (weekdays, weekends, overnights)
- Holiday and school vacation rotation
- Transportation arrangements and pickup/drop-off logistics
- Decision-making authority (education, healthcare, extracurriculars)
- Communication methods between parents and between parent and child
- Dispute resolution process (mediation before court)
- Right of first refusal when a parent is unavailable
North Dakota Custody Relocation Rules
Under NDCC § 14-09-07, a parent with primary residential responsibility who wishes to relocate the child’s residence out of state must either: (1) obtain the consent of the other parent (if that parent was granted parenting time), OR (2) obtain a court order from a North Dakota state district court. The parent must provide at least 60 days advance written notice before relocating. The non-relocating parent may object, and the court evaluates the proposed move under the best interests standard, considering: the purpose of the relocation, its impact on the child’s relationship with both parents, the quality of life in the proposed new location, and the feasibility of preserving the non-relocating parent’s relationship through modified parenting time. Exceptions (no court order required): (1) the other parent has not exercised parenting time for one year, OR (2) the other parent has moved to another state and is more than 50 miles from the relocating parent.
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Notice requirement: The relocating parent must provide 60 days advance written notice required (NDCC § 14-09-07) days advance written notice to the other parent.
The court evaluates whether the move serves the child’s best interests, considering the reason for the move, the impact on the child’s relationship with the non-moving parent, and whether a modified visitation schedule can preserve that relationship.
Modifying North Dakota Custody Orders
North Dakota uses a two-stage analysis established by the North Dakota Supreme Court for modifying primary residential responsibility: (1) Has there been a significant/material change of circumstances since the prior custody determination? (The change must involve important new facts that arose AFTER the last court order — pre-existing facts do not qualify.) (2) Has the change of circumstances so adversely affected the child that it compels a change in custody to foster the child’s best interests? TIMING: Generally, a parent may seek modification after TWO YEARS from the most recent custody order if there is a material change and modification serves the child’s best interests. If LESS THAN TWO YEARS have passed, the bar is higher — the court will only consider modification if: (a) the child’s environment may endanger physical or emotional health or impair development, (b) the custodial parent has moved more than 50 miles without permission, or (c) a parent has willfully and persistently denied parenting time to the other parent.
Common modification triggers: parent relocation, change in child’s needs, substance abuse, domestic violence, parent’s work schedule change, child reaching an age where preferences are considered, or one parent consistently violating the existing order.
Special Circumstances in North Dakota Custody
Domestic violence: Domestic violence has a significant impact on custody in North Dakota. Under NDCC § 14-09-06.2(j): (1) The court MUST consider evidence of domestic violence as a best interest factor. (2) A REBUTTABLE PRESUMPTION exists against awarding residential responsibility to a domestic violence perpetrator if there is credible evidence of: one incident resulting in serious bodily injury OR use of a dangerous weapon, OR a pattern of domestic violence within a reasonable time proximate to the proceeding. (3) If DV is found, the court must limit parenting time to SUPERVISED VISITATION unless the abusive parent proves unsupervised contact would not endanger the child. (4) The court may award residential responsibility to a suitable third person if necessary to protect the child, and may restrict contact with the abusive parent to court-ordered terms only. (5) The abusive parent bears the burden of rebutting the presumption.
Grandparent visitation: YES, but under a newer framework. The former standalone grandparent visitation statute (NDCC § 14-09-05.1) was repealed in 2019 (S.L. 2019, ch. 131, § 2) and replaced by the Uniform Nonparent Custody and Visitation Act (NDCC Chapter 14-09.4). Under the new act: (1) Grandparents (as well as siblings, stepparents, and other nonparents) may petition for custody or visitation. (2) The nonparent must prove either that they are a “consistent caretaker” or have a “substantial relationship” with the child where denial would result in harm to the child. (3) The order must be in the child’s best interest. (4) A PRESUMPTION FAVORING THE PARENT exists: a parent’s decision regarding nonparent custody/visitation is presumed to be in the child’s best interest, and the nonparent must rebut this presumption by clear and convincing evidence. (5) Rights do not apply if the child has been adopted by someone other than a stepparent or grandparent.
Unmarried parents: In North Dakota, the mother of a child born to unmarried parents has sole legal custody until paternity is legally established. Paternity can be established by: (1) Acknowledgment of Paternity (AOP) — a voluntary three-part form (SFN 8195) signed by both parents, often at the hospital, and filed with Vital Records at no cost. There is no strict deadline but early establishment is advantageous. (2) Court-ordered genetic (DNA) testing and adjudication. IMPORTANT: Signing the AOP establishes legal fatherhood but does NOT automatically grant residential responsibility (custody) or parenting time. Once paternity is established, both parents have EQUAL rights unless a court orders otherwise. Either parent may file an action to establish parenting responsibility with a North Dakota State District Court, at which point custody is determined using the same best interest factors (NDCC § 14-09-06.2) as in divorce cases.
Guardian ad litem: YES. Under NDCC § 14-09-06.4 and North Dakota Court Rule 8.7, the court may appoint a guardian ad litem (GAL) to represent the child’s best interests in any contested parenting rights and responsibilities case. The GAL may be appointed on the court’s own motion or by motion or agreement of the parties. Requirements: The GAL must be an attorney licensed in North Dakota who has completed 18 hours of GAL-specific training, with an additional 18 hours of continuing education every 3 years. The GAL functions independently like an attorney for a party, advocates the child’s best interests regarding custody, placement, visitation, and support, and may consider but is not bound by the child’s wishes.
Additional North Dakota rules: (1) UNIQUE TERMINOLOGY: North Dakota uses “residential responsibility” instead of “physical custody” and “decision-making responsibility” instead of “legal custody.” “Parenting time” replaces “visitation.” These terms appear throughout NDCC Chapter 14-09 and court forms. (2) MILITARY PARENTS: The Uniform Deployed Parents Custody and Visitation Act (NDCC Chapter 14-09.3) provides specific protections and procedures for custody when a parent is deployed for military service, including temporary custody modifications and expedited hearings. (3) NONPARENT CUSTODY ACT: The Uniform Nonparent Custody and Visitation Act (NDCC Chapter 14-09.4, enacted 2019) provides a comprehensive framework for any nonparent (grandparent, sibling, stepparent, or other caretaker) to seek custody or visitation — replacing the former standalone grandparent visitation statute. (4) FREE MEDIATION: North Dakota provides up to 6 hours of family mediation at no cost to the parties, an unusual provision. (5) FALSE ALLEGATIONS FACTOR: North Dakota specifically includes “making of false allegations not made in good faith” as a best interest factor (§ 14-09-06.2(l)), which is not universal among states.
Official Sources & Resources
- Cornell LII — Child Custody: law.cornell.edu
- NCSL Custody Laws: ncsl.org
- North Dakota Custody Statute: North Dakota Century Code (NDCC) Chapter 14-09 (Parent and Child), specifically: § 14-09-06.1 (parental rights and responsibilities definitions), § 14-09-06.2 (best interests factors), § 14-09-06.3 (investigation and report), § 14-09-06.4 (guardian ad litem), § 14-09-06.6 (parenting plan), § 14-09-07 (relocation), § 14-09-05.1 (repealed grandparent visitation). Related chapters: Chapter 14-09.4 (Uniform Nonparent Custody and Visitation Act), Chapter 14-09.3 (Uniform Deployed Parents Custody and Visitation Act), Chapter 14-14.1 (Uniform Child Custody Jurisdiction and Enforcement Act — UCCJEA). Court Rules: Rule 8.1 (family mediation), Rule 8.7 (guardian ad litem).
Last verified April 2026. Contact us if you notice outdated information.