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Changing Custody Later

N.D.C.C. § 14-09-06.6 — no motion within two years of the order, except in the cases the section names

Unless the parties agreed in writing or the parenting plan says otherwise, no motion to change primary residential responsibility may be made within two years of the order setting it, or within two years of a decided earlier motion.

  • N.D.C.C. § 14-09-06.6
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  • The time limit does not apply to persistent, willful interference with parenting time.
  • It does not apply if the child's present environment may endanger the child's physical or emotional health.
  • It does not apply if the child has lived primarily with the other parent for longer than six months.
  • The motion is decided on papers, and a hearing is set only if the moving party makes a prima facie case.
  • N.D.C.C. § 14-09-06.6
Sources for this section (1)
  1. N.D.C.C. § 14-09-06.6 — Limitations on postjudgment modifications of primary residential responsibility

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed North Dakota attorney.

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