Divorce North Dakota Custody

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A permanent separation between two married individuals or say giving legal end to specific marriage is mainly done with the help of a legal process called divorce. Divorce is mainly taken place as per the laws and rights defined for the concerned state. The child custody is one immensely important issue that is sorted as per the circumstances that lie between both the divorcing parents. While determining the child custody, every state focuses on the welfare and best interests of the child.

During the entire legal proceedings associated with the North Dakota divorce custody, the child custody is referred by the term "parenting rights and responsibilities." The judge issues a custody order that comprises of "residential responsibility" and "decision making responsibility."

The former implies the responsibility of a parent to offer a home to the child. "Primary residential responsibility" is that in which the parent has more than 50% residential responsibility.

The latter indicates the responsibility to make decisions pertaining to the life of the child. Some types of decisions are as follows:

  • What sort of religious training should the child receive?
  • Should the child undergo surgery?
  • Whether the child should attend a particular school?

The decisions are never related to child support issues. After the judge finalizes all the above responsibilities, they are noted down in a "parenting plan."

Factors Considered by the Court in North Dakota

The North Dakota Century Code, Chapters 14-09-06.2 mentions the factors considered by the court while determining the plan of child custody. These factors are as follows:

  • Whether one parent has made false allegations against the other in bad faith and this has harmed the child?
  • Let us assume that there is an individual who lives in or often visits the household of the parents of the child and may considerably affect the best interests of the child. In such a case, the interrelationship and interaction of the child with this individual or the possibility of the same is taken into account.
  • In case of the individual referred to in the previous point, the court considers the past record of this person to met out or an inclination to cause assault, injury or physical harm to other person.
  • Any proof of domestic violence
  • Let us consider that the court has concluded that the child has adequate understanding, intelligence and experience to form and speak out a preference pertaining to child custody. Then, the court listens to such a reasonable preference of the child.
  • The record of the child in the community and home as well as at school.
  • The physical and mental health of both the parents.
  • The moral fitness of the parents
  • Whether the proposed or existing custodial home has permanence as a family unit?
  • The duration for which the child has been offered a satisfactory stable ambiance and the wish to continue the same.
  • The inclination of the father and mother to offer the child medical care, clothing, food, material requirements and other remedial care in lieu of medical care that is acknowledged and allowed as per the laws of the state.
  • The tendency and the ability of the parents to offer guidance, affection and love to the child as well as continue the education of the child.
  • What is the state of emotional ties, affection and love between the child and the parents?
  • Are there any other issues that the court thinks are relevant to the decision of child custody?

Features of Parenting Plan in North Dakota Divorce Custody

In order to provide an adequate support and upbringing to your child after getting divorce, you need to present definite parenting plan before the court. Therefore, a parenting plan must handle the below mentioned issues:

  • How to solve conflicts regarding the child or the plan?
  • How to review and adjust the plan?
  • How to exchange and transport the child safely?
  • Residential responsibility and visitation terms
  • Parenting schedule for summers, weekdays, weekends, birthdays, vacations and holidays
  • The legal residence of the child, keeping school attendance in mind
  • Access to the child (like phone and email) and information sharing
  • Decision making responsibility of the parents pertaining to the child
The North Dakota divorce custody holds so much importance as it entails all decisions that are taken for the child's upbringing after his or her parent's divorce.

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