North Dakota Modification Agreement

State:
North Dakota
Control #:
ND-TH-104
Format:
PDF
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Modification Agreement
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FAQ

Once you establish legal paternity, the mother cannot move away with the child over the father's objection without leave of court. However, if you do not establish paternity, the mother can move away or deny visitation rights, regardless of the father's objections.

There are no hard-and-fast rules as to the age at which a child is considered mature enough to testify as to a preference regarding residential responsibility. A court might find a ten year old in one case mature enough to express a preference, but find otherwise regarding a thirteen year old in another case.

If the child is 12 or older, the judge may consider the wishes of the child. The judge may consider the wishes of the child as long as the judge determines that the child is "of sufficient age and capacity."

A parenting agreement becomes legally binding once approved by a judge. There are, therefore, potential legal consequences that can pursued if one or both parents violate a court order.

While joint custody was once rare in North Dakota, family courts in the state now base custody decisions on the assumption that a relationship with both parents is in the child's best interests. North Dakota also allows grandparents the right to visit with their grandchildren.

1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.

The court estimates that the cost of raising one child is $1,000 a month. The non-custodial parent's income is 66.6% of the parent's total combined income. Therefore, the non-custodial parent pays $666 per month in child support, or 66.6% of the total child support obligation.

The child's preference, if the child is mature enough to make a reasonable decision (usually age 12 or older); the court will also consider whether the child's preference was influenced by anyone else. Each parent's love and affection towards the child, as well as each parent's ability to provide love and stability.

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North Dakota Modification Agreement