What are the best interest factors in North Dakota custody cases?

Under NDCC 14-09-06.2(1), North Dakota courts consider these factors: The love, affection, and other emotional ties existing between the parents and the child (NDCC 14-09-06.2(1)(a)); The capacity and disposition of the parents to give the child love, affection, and guidance, and to continue the education and raising of the child in the child's religion or creed, if any (NDCC 14-09-06.2(1)(b)); The disposition of the parents to provide the child with food, clothing, medical care or other remedial care, and other material needs (NDCC 14-09-06.2(1)(c)); The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity (NDCC 14-09-06.2(1)(d)); The permanence, as a family unit, of the existing or proposed custodial home (NDCC 14-09-06.2(1)(e)); The moral fitness of the parents as it relates to their ability to parent (NDCC 14-09-06.2(1)(f)); The mental and physical health of the parents (NDCC 14-09-06.2(1)(g)); The home, school, and community record of the child (NDCC 14-09-06.2(1)(h)); The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference (NDCC 14-09-06.2(1)(i)); Evidence of domestic violence; if domestic violence has occurred, the court must consider the impact on the child and the offending parent's ability to adequately parent (NDCC 14-09-06.2(1)(j)). Note: North Dakota provides a detailed statutory list of best interest factors in NDCC 14-09-06.2(1). The court must consider all of the enumerated factors and may consider any other factors it deems relevant. Under NDCC 14-09-06.2(1)(j), domestic violence is a mandatory consideration, and a finding of domestic violence creates a rebuttable presumption that the offending parent should not receive sole or joint residential responsibility. The court is also required under NDCC 14-09-06.2(3) to consider the interaction and interrelationship of the child with the parents, siblings, and any other person who significantly affects the child's best interests. A parenting plan investigator or guardian ad litem may be appointed by the court to evaluate the family and make recommendations.

How do I file for custody in North Dakota?

Step 1: Determine the correct judicial district for filing. Under the UCCJEA (NDCC 14-14.1), the petition should be filed in the District Court of the county that is the child's home state, generally where the child has resided for the last 6 consecutive months. Step 2: Obtain and complete the required forms from the North Dakota court system or an attorney. For divorce with children, file a Summons and Complaint for Divorce with a request for allocation of parental rights and responsibilities. For unmarried parents, file a Complaint for Establishment of Parental Rights and Responsibilities. Step 3: Prepare a proposed parenting plan as required under NDCC 14-09-30. The plan must address residential responsibility, decision-making responsibility, a parenting time schedule, holiday and vacation provisions, transportation, information sharing, and dispute resolution procedures. Step 4: File the complaint, proposed parenting plan, and any required local forms with the clerk of the District Court. Pay the filing fee (approximately $80 for a divorce complaint, approximately $80 for a custody complaint). If you cannot afford the fee, file an Application to Proceed In Forma Pauperis. Step 5: Serve the other parent with a copy of the summons, complaint, and all filed documents. Service must comply with NDCC 28-06 and the North Dakota Rules of Civil Procedure. Service may be accomplished by the county sheriff, a private process server, or certified mail in some circumstances. The respondent has 21 days to file an answer. Step 6: Attend a case scheduling conference. The court will set deadlines for discovery, mediation, and trial. Many judicial districts require or strongly encourage mediation for custody disputes. Step 7: Complete any court-ordered parenting education class. Some North Dakota judicial districts require parents to attend a parenting course such as "Children in the Middle" before the case can proceed to trial. Step 8: If the case is not resolved by agreement, attend trial where each parent presents evidence and testimony. The court will issue findings of fact, conclusions of law, and a final order allocating parental rights and responsibilities based on the best interests of the child. Typical timeline: Uncontested cases where both parents agree on a parenting plan can be finalized in 2 to 4 months from filing. Contested cases typically take 6 to 12 months depending on court scheduling, the need for mediation, guardian ad litem or parenting plan investigation, and the complexity of the issues. Temporary orders hearings may be scheduled within 30 to 60 days of filing. Emergency motions may be heard on an expedited basis if the child faces immediate danger..

North Dakota Family Court:
What You Need to Know

Last reviewed: 2026-02

Just got served? Here's your priority list.

1. Note the response deadline on your paperwork. Missing it can result in a default judgment.
2. Start documenting everything today: texts, exchanges, incidents. Timestamps matter.
3. Read the best interest factors below to understand what your judge will evaluate.

This information is for educational purposes only and does not constitute legal advice. North Dakota family law changes frequently. Always verify current statutes at ndlegis.gov and consult a licensed North Dakota attorney for your specific situation.

Court System Overview

District Court

North Dakota handles child custody matters through the District Court system. North Dakota is divided into judicial districts, each with a District Court that has general jurisdiction over divorce, parental rights and responsibilities, child support, paternity, domestic violence, and other family law matters. Cases are governed primarily by NDCC Chapter 14-09 (Parent and Child) and NDCC Chapter 14-05 (Divorce). North Dakota uses the term "parental rights and responsibilities" rather than "custody" to describe the allocation of decision-making and residential arrangements. The state adopted this terminology through legislation to emphasize both parents' ongoing roles in the child's life.

Legal Custody

Under NDCC 14-09-28, "decision-making responsibility" refers to the authority to make decisions about the child's upbringing, including education, healthcare, religious training, and extracurricular activities. The court may allocate sole decision-making responsibility to one parent or joint decision-making responsibility to both parents. Joint decision-making responsibility requires both parents to communicate and cooperate in making major decisions. The court may also allocate specific areas of decision-making to one parent while sharing responsibility in other areas.

Physical Custody

Under NDCC 14-09-28, "residential responsibility" determines where the child lives and the parenting time schedule. The court may designate a primary residential parent and establish a parenting time schedule for the other parent, or it may order equal or near-equal residential responsibility where the child spends significant time with each parent. North Dakota law requires the court to establish a specific, detailed parenting schedule as part of the parenting plan. The court considers the best interests of the child and the practical logistics of each parent's situation.

Presumption

North Dakota does not have a statutory presumption in favor of either joint or sole parental rights and responsibilities. Under NDCC 14-09-06.2, the court must award parental rights and responsibilities based on the best interests of the child. The court may not prefer one parent over the other based on sex. Under NDCC 14-09-06.2(1)(j), if there is evidence of domestic violence, the court must consider it and may restrict the offending parent's parental rights. A finding of domestic violence creates a rebuttable presumption that a parent who has perpetrated domestic violence may not be awarded sole or joint residential responsibility.

Best Interest Factors

NDCC 14-09-06.2(1)

The court evaluates the following factors when determining custody arrangements. Each factor represents an area where documented evidence can make a difference.

1 The love, affection, and other emotional ties existing between the parents and the child (NDCC 14-09-06.2(1)(a))
2 The capacity and disposition of the parents to give the child love, affection, and guidance, and to continue the education and raising of the child in the child's religion or creed, if any (NDCC 14-09-06.2(1)(b))
3 The disposition of the parents to provide the child with food, clothing, medical care or other remedial care, and other material needs (NDCC 14-09-06.2(1)(c))
4 The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity (NDCC 14-09-06.2(1)(d))
5 The permanence, as a family unit, of the existing or proposed custodial home (NDCC 14-09-06.2(1)(e))
6 The moral fitness of the parents as it relates to their ability to parent (NDCC 14-09-06.2(1)(f))
7 The mental and physical health of the parents (NDCC 14-09-06.2(1)(g))
8 The home, school, and community record of the child (NDCC 14-09-06.2(1)(h))
9 The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference (NDCC 14-09-06.2(1)(i))
10 Evidence of domestic violence; if domestic violence has occurred, the court must consider the impact on the child and the offending parent's ability to adequately parent (NDCC 14-09-06.2(1)(j))

Note: North Dakota provides a detailed statutory list of best interest factors in NDCC 14-09-06.2(1). The court must consider all of the enumerated factors and may consider any other factors it deems relevant. Under NDCC 14-09-06.2(1)(j), domestic violence is a mandatory consideration, and a finding of domestic violence creates a rebuttable presumption that the offending parent should not receive sole or joint residential responsibility. The court is also required under NDCC 14-09-06.2(3) to consider the interaction and interrelationship of the child with the parents, siblings, and any other person who significantly affects the child's best interests. A parenting plan investigator or guardian ad litem may be appointed by the court to evaluate the family and make recommendations.

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Documentation the Court Expects

North Dakota District Courts expect organized documentation that addresses the statutory best interest factors under NDCC 14-09-06.2. A proposed parenting plan is required in all cases involving parental rights and responsibilities. Financial disclosures are required for child support calculations. Courts value evidence that is factual, child-focused, and directly tied to the best interest factors. All filings must comply with the North Dakota Rules of Civil Procedure and local court rules.

Proposed parenting plan detailing residential responsibility, decision-making responsibility, holiday and vacation schedules, and dispute resolution provisions (required under NDCC 14-09-30)

Communication logs (texts, emails, co-parenting app records) demonstrating cooperation and co-parenting involvement

School records, report cards, attendance records, teacher communications, and IEP documents if applicable

Medical, dental, and mental health records for the child, including therapy or counseling records

Financial documents including income information and a child support obligation worksheet under the North Dakota Child Support Guidelines (NDCC 14-09-09.7)

Police reports, protection orders, or Department of Human Services records if domestic violence or abuse is at issue

Photos or other evidence documenting the child's living environment, parenting involvement, and relevant conditions

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Filing Process

Step by Step

1 Determine the correct judicial district for filing. Under the UCCJEA (NDCC 14-14.1), the petition should be filed in the District Court of the county that is the child's home state, generally where the child has resided for the last 6 consecutive months.
2 Obtain and complete the required forms from the North Dakota court system or an attorney. For divorce with children, file a Summons and Complaint for Divorce with a request for allocation of parental rights and responsibilities. For unmarried parents, file a Complaint for Establishment of Parental Rights and Responsibilities.
3 Prepare a proposed parenting plan as required under NDCC 14-09-30. The plan must address residential responsibility, decision-making responsibility, a parenting time schedule, holiday and vacation provisions, transportation, information sharing, and dispute resolution procedures.
4 File the complaint, proposed parenting plan, and any required local forms with the clerk of the District Court. Pay the filing fee (approximately $80 for a divorce complaint, approximately $80 for a custody complaint). If you cannot afford the fee, file an Application to Proceed In Forma Pauperis.
5 Serve the other parent with a copy of the summons, complaint, and all filed documents. Service must comply with NDCC 28-06 and the North Dakota Rules of Civil Procedure. Service may be accomplished by the county sheriff, a private process server, or certified mail in some circumstances. The respondent has 21 days to file an answer.
6 Attend a case scheduling conference. The court will set deadlines for discovery, mediation, and trial. Many judicial districts require or strongly encourage mediation for custody disputes.
7 Complete any court-ordered parenting education class. Some North Dakota judicial districts require parents to attend a parenting course such as "Children in the Middle" before the case can proceed to trial.
8 If the case is not resolved by agreement, attend trial where each parent presents evidence and testimony. The court will issue findings of fact, conclusions of law, and a final order allocating parental rights and responsibilities based on the best interests of the child.

Required Forms

Typical Timeline

Uncontested cases where both parents agree on a parenting plan can be finalized in 2 to 4 months from filing. Contested cases typically take 6 to 12 months depending on court scheduling, the need for mediation, guardian ad litem or parenting plan investigation, and the complexity of the issues. Temporary orders hearings may be scheduled within 30 to 60 days of filing. Emergency motions may be heard on an expedited basis if the child faces immediate danger.

Self-Represented (Pro Se) Notes

North Dakota allows self-representation in District Court. The North Dakota court system website (ndcourts.gov) provides legal self-help resources, forms, and information for unrepresented litigants. The Legal Self-Help Center offers guidance on forms and procedures. North Dakota Legal Services (legalassist.org) may provide free legal assistance to qualifying individuals. Pro se litigants are held to the same procedural rules and evidentiary standards as attorneys. Legal representation is strongly recommended in contested custody cases.

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Modifying a Custody Order

What Counts as a Material Change

Under NDCC 14-09-06.6, a court may modify a prior order regarding parental rights and responsibilities if there has been a material change of circumstances. The change must have occurred since the entry of the prior order and must be significant enough to warrant reconsideration. Common qualifying changes include a parent's relocation, a change in the child's needs due to age or development, a parent's substance abuse or domestic violence, a significant change in employment or living situation, or a parent's repeated failure to comply with the existing order. The moving party bears the burden of demonstrating the material change.

How to File for Modification

File a Motion to Modify Parental Rights and Responsibilities in the District Court that issued the original order. Clearly state the material change in circumstances and the requested modification. Pay any applicable filing fee or request a waiver. Serve the other parent with the motion. The court will likely require mediation or a settlement conference before scheduling a hearing. If the court finds a material change in circumstances, it then applies the best interest factors under NDCC 14-09-06.2 to determine whether the modification is warranted.

Building Your Case Over Time

Document the specific change in circumstances with concrete, dated evidence. Relevant documentation includes communication logs, records of parenting time violations, school records showing changes in performance, medical or mental health records, police reports or protection orders, evidence of relocation, and a proposed modified parenting plan. Provide clear evidence connecting the change in circumstances to the child's best interests.

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Key Deadlines & Tips

Deadlines to Know

The respondent has 21 days from service to file an answer to the complaint (NDCC 28-06)
A proposed parenting plan must be filed with the initial complaint or within the timeframe set by the court (NDCC 14-09-30)
Discovery and disclosure deadlines are set by the court's scheduling order and must be strictly followed
Mandatory parenting education classes, if required by local court rules, must be completed before the final hearing
Temporary orders remain in effect until replaced by a final order or further court action
Appeals from District Court orders must be filed with the North Dakota Supreme Court within 60 days of the judgment or order (NDCC 28-27-04)

Practice Tips for North Dakota

North Dakota uses "parental rights and responsibilities" rather than "custody." Use the correct terminology in all filings and court appearances to demonstrate familiarity with state law and to ensure your documents comply with statutory requirements.

Prepare a detailed, realistic parenting plan. Under NDCC 14-09-30, a parenting plan is required in every case involving parental rights and responsibilities. A thorough plan that addresses all required elements demonstrates preparation and can positively influence the court.

North Dakota courts give significant weight to stability and continuity (NDCC 14-09-06.2(1)(d)). If the current arrangement is working well for the child, document this stability. If you are seeking a change, provide concrete reasons why the proposed arrangement better serves the child.

If domestic violence is an issue, document it thoroughly and seek a protection order under NDCC 14-07.1. Domestic violence is a mandatory consideration under NDCC 14-09-06.2(1)(j) and creates a rebuttable presumption against residential responsibility for the offending parent.

Cooperate with the other parent and demonstrate your willingness to facilitate the child's relationship with both parents. Courts look unfavorably upon parents who interfere with parenting time or attempt to alienate the child from the other parent.

Keep organized records of all parenting interactions, communications, and incidents. Factual, timestamped documentation is essential for building your case in North Dakota courts.

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This information is for educational purposes only and does not constitute legal advice. Family law varies by jurisdiction and county. Consult a licensed attorney for advice specific to your situation. Last reviewed: 2026-02.

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North Dakota Family Court: What You Need to Know