North Dakota Child Custody Laws

North Dakota Child Custody Issues & Resources

North Dakota Child Custody

North Dakota child custody will be determined based upon the best interests and welfare of the child. A North Dakota Court will consider the following factors in awarding child custody: 
  • moral fitness of the parents;

  • capability and desire of each parent to meet the child's needs; 

  • preference of the child, if the child is of sufficient age and capacity; 

  • the love and affection existing between the child and each parent; 

  • the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity; 

  • the child's adjustment to his or her home, school, and community; 

  • the mental and physical health of the parents;

  • the stability of the home environment likely to be offered by each parent;

  • the child's interaction with anyone who resides with a parent, including such person's history of violence of any type;

  • any spouse or child abuse or sexual abuse or history of domestic violence or violence of any type; 

  • the capacity and disposition of the parents to give the child love, affection, guidance, and continue the child's education; 

  • the permanence, as a family unit, of the proposed r existing custodial home; 

  • the making of any false accusations by one parent against the other; and

  • any other factors.

If there is evidence of child or spouse abuse or domestic violence, there will be a presumption that an award of child custody or visitation with that parent would not be in the best interests of the child. If there is any evidence of sexual abuse of a child, the court is required to prohibit any visitation or contact with that parent unless the parent has completed counseling and the North Dakota Court determines that supervised visitation is in the best interests of the child.

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