Updated October 26, 2023
A North Dakota custody agreement, or parenting plan, outlines the care and supervision of children in a custody dispute or whose parent or parents have passed away. In custody cases, the court expects the parents to attempt to create a mutually agreeable arrangement that suits the child’s best interests. If they cannot, the North Dakota district court will issue a temporary custody order until a hearing occurs.
Child Custody Factors
The North Dakota district court evaluates the following factors to determine a child’s best interests in a custody dispute:
- Child’s preference (based on maturity);
- Evidence of domestic violence;
- Evidence of one parent making false allegations of abuse against the other in bad faith;
- Impacts of extended families and co-habitants of each parent’s household;
- Parents’ ability to guide, love, and nurture the child;
- Parents’ ability to meet the child’s unique developmental needs;
- Parents’ ability to provide clothing, food, medical care, and a safe shelter;
- Parents’ ability to support the child’s relationship with the other parent;
- Parents’ mental and physical health; and
- Potential effects that changes in the home, school, and other community groups would have on the child.
Statute: § 14-09-06.2
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How to File for Custody in North Dakota
For parents who are currently or have previously been married, North Dakota generally establishes parental rights and responsibilities through divorce or legal separation proceedings.
For unmarried parents, the custody process varies depending on whether the parents are in agreement (“uncontested”) or in disagreement (“contested”) over the terms.
1. Agree on a Parenting Plan
When both parents agree in writing to a parenting plan, they can file the custody agreement as “uncontested.”[1] There are a few requirements for the North Dakota district court to accept an uncontested parenting plan:
- Both parents agree on all issues brought forth in the parenting plan;
- Neither parent has a domestic violence protection order or disorderly conduct restraining order in effect against them;
- Neither parent is currently deployed in the military;
- No other custody orders exist from another North Dakota court or another state;
- A signed acknowledgment of paternity, court order, or adoption order recognizes the father;
- The parents have never been married to each other; and
- There are no other pending legal actions between the parties regarding the child.
If parents do not agree to a parenting plan, they will need to prepare a proposed parenting plan as part of the contested custody or divorce proceedings.
2. Calculate Child Support
When filing for custody or divorce with children, parents are required to calculate their child support amount unless a North Dakota state district court or an out-of-state court or tribal court has already ordered child support.
Use the state’s Child Support Calculator to estimate the amount of child support that may be ordered by the court under the North Dakota Child Support Guidelines.[2]
For parents filing for equal residential responsibility, child support must be calculated for both parents. If one parent will have primary residential responsibility, child support obligations must be calculated for the other parent.
3. Complete and File Required Forms
For an uncontested divorce with children, complete and file the documents listed on pages 3-4 of this packet.
For a contested divorce with children, complete and file the documents listed on pages 14-16 of this packet.
For unmarried parents whose case is uncontested, the following forms must be completed and filed in this order. Then they must obtain all necessary signatures and make two copies of each document.
- Settlement Agreement (both parents)
- Summons (plaintiff)
- Complaint (plaintiff)
- Confidential Information Form (both parents)
- Affidavit of Proof for Stipulated Judgment (plaintiff)
- Findings of Fact, Conclusions of Law and Order for Judgment & Judgment (both parents)
For unmarried parents whose case is contested, the petitioning parent must complete and file the following forms:
- Summons
- Complaint
- Affidavit of Custody Jurisdiction (obtain the form from the local court)
- Confidential Information Form
The completed forms must be filed with the district court. The filing fee is $80.
4. Serve the Other Parent
For uncontested cases, the petitioning parent must serve the following documents to the other parent:
- Summons
- Complaint
- Settlement Agreement
- Confidential Information Form
- Blank Admission of Service Form
- Affidavit of Proof for Stipulated Judgment
- Findings of Fact, Conclusions of Law and Order for Judgment (not signed)
- Judgment (not signed)
Upon receiving the service, the other parent must complete, date, and sign the Admission of Service and return it back to the petitioning parent.
For contested cases, the petitioning parent must serve the following documents:
Upon receiving the service, the other parent must complete and return the following forms within 21 days of being served by the plaintiff:
The defendant also completes the Confidential Information Form but doesn’t serve it with the other documents on the plaintiff.
5. Attend Hearings (If Necessary)
If the judge schedules a hearing, both parents are required to attend. The court will render a final judgment at this hearing.
If the judge doesn’t require a hearing, the court will mail the final judgment to the plaintiff. The plaintiff is responsible for serving the Notice of Entry Judgment on the defendant and then filing a Proof of Service with the court.
Custody Laws
- Child’s best interests: § 14-09-06.2
- Custody investigations and reports: § 14-09-06.3
- Decisionmaking responsibility: § 14-09-31
- Domestic violence and sexual abuse: § 14-09-29
- Emergency custody: § 14-14.1-15 (204)
- Mutual duty to support children: § 14-09-08
- Neglect of child: § 14-09-22.1
- Parental abuse: § 14-09-19, § 14-09-22
- Parental rights and responsibilities: § 14-09-32
- Termination of parental rights: § 14-09-08.21
- Uniform Child Custody Act: § 14-14.1
Related Forms
