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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.
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.
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.
The court can modify a custody order if (1) the child is at least 12 years of age and expresses a preference of which parent he or she prefers to live with in chambers to the court, and (2) it is in the best interest of the child.
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.
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.
If there is a valid, court-approved custody order in force, denying visitation is illegal and can have serious legal repercussions for the parent who denies visitation.However, the custodial parent must still take specific steps before denying visitation, such as notifying the appropriate authorities.
Can a child choose not to visit a parent? The mere age of your child will not determine your family law matter. There have been cases before the Court where a 17 year old child's wishes were given limited weight because the basis for this child's decision was not balanced.
Interim orders (also known as Temporary Orders) are heard usually between 2-3 months after an Initiating Application is filed, and last until the Final Order is made, which is when the case is closed.