Custody After a Split
N.D.C.C. § 14-09-06.2 — the best interests of the child, with no presumption for either parent
The court awards parental rights and responsibilities as will best promote the child's interests and welfare. Between mother and father, married or not, there is no presumption about who will do that better.
- The factors include emotional ties, each parent's ability to provide food, shelter, care and a safe home, the stability of each home, and each parent's willingness to support the child's bond with the other.
- A mature child's preference may get substantial weight, when the court finds that maturity by clear and convincing evidence.
- Serious or repeated domestic violence creates a rebuttable presumption against giving that parent residential responsibility.
The parents file a parenting plan covering decisions, information sharing, the school residence, the schedule for holidays, weekends and summers, transportation, and how disputes are resolved. If they cannot agree, the court issues one.
Sources for this section (3)
- N.D.C.C. § 14-09-29 — Parental rights and responsibilities - Best interests and welfare of child
- N.D.C.C. § 14-09-06.2 — Best interests and welfare of child - Court consideration - Factors
- N.D.C.C. § 14-09-30 — Parenting plans - Contents
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.