Joint vs. Sole Custody in North Dakota: Is There a Presumption of Equal Time?
North Dakota applies no presumption between the mother and father: the court decides on the child’s best interests and 13 factors. A serious incident or pattern of domestic violence creates a rebuttable presumption against the perpetrator’s residential responsibility.
Is joint custody presumed in North Dakota?
No. A court awards parental rights and responsibilities to the person who will, in its opinion, promote the child’s best interests and welfare, and between the mother and father, married or unmarried, there is no presumption as to who will better promote them (NDCC 14-09-29(1)).
What are the best-interest factors in North Dakota?
The love, affection and emotional ties between parents and child and each parent’s ability to give nurture and guidance; each parent’s ability to provide food, clothing, shelter, medical care and a safe environment; the child’s developmental needs; the sufficiency and stability of each home, the length of time the child has lived in each and continuity; each parent’s willingness to foster a close relationship with the other; moral fitness as it affects the child; mental and physical health as it affects the child; home, school and community records; a mature child’s preference; domestic violence; the people in each household; false allegations of harm to a child; and any other relevant factor (14-09-06.2(1)).
What does domestic violence do to residential responsibility in North Dakota?
If the court finds credible evidence of domestic violence and either one incident resulting in serious bodily injury or involving a dangerous weapon, or a pattern within a reasonable time near the proceeding, there is a rebuttable presumption that the perpetrator may not be awarded residential responsibility; it can be overcome only by clear and convincing evidence that the child’s best interests require it, and the court must cite specific findings (14-09-06.2(1)(j)). A parent without residential responsibility who perpetrated such violence is limited to supervised parenting time unless clear and convincing evidence shows unsupervised time would not endanger the child (14-09-29(2)).
How is decisionmaking allocated in North Dakota?
The court accepts the parents’ agreement unless it makes written findings that it is not in the child’s best interests, and otherwise allocates decisionmaking in the child’s best interests with a method to resolve disputes; where domestic violence occurred it considers that in deciding whether joint decisionmaking is appropriate and gives written findings if it grants it anyway (14-09-31).
Does the child’s preference count in North Dakota?
If the court finds by clear and convincing evidence that the child is mature enough to make a sound judgment, it may give substantial weight to the preference, and it considers whether undesirable or improper influences shaped it (14-09-06.2(1)(i)).
How can a primary residence order be changed in North Dakota?
The statute limits postjudgment modifications of primary residential responsibility (14-09-06.6), so ask a licensed North Dakota attorney about timing and the required showing.
Can the court appoint a parenting investigator in North Dakota?
Yes, in contested proceedings on request or its own motion, and an investigator’s report is served on the parties at least thirty days before the hearing (14-09-06.3).
Does false accusation matter in North Dakota?
Yes. The making of false allegations not made in good faith, by one parent against the other, of harm to a child is a best-interest factor (14-09-06.2(1)(l)).
Does the order have to say how many overnights each parent has in North Dakota?
For child support with extended parenting time, yes: the order must specify the parenting time overnights (NDAC 75-02-04.1-08.1(1)).
How does custody connect to support in North Dakota?
The schedule sets the overnights that child support uses. Count your schedule with the North Dakota parenting time calculator and run the North Dakota child support calculator.
Frequently asked questions
Does North Dakota favor joint custody?
No. There is no presumption between the mother and father.
How many custody factors does North Dakota list?
Thirteen listed factors, plus any other relevant factor.
Does North Dakota prefer mothers or fathers?
No. Between the mother and father there is no presumption.
Can a North Dakota child choose a parent?
A mature child’s preference can get substantial weight if shown by clear and convincing evidence.
Does domestic violence affect North Dakota custody?
Yes. It creates a rebuttable presumption against the perpetrator having residential responsibility.
Official sources
- NDCC chapter 14-09: parent and child (14-09-06.2, 14-09-07, 14-09-29 to 14-09-31)
- NDAC 75-02-04.1: child support guidelines (extended parenting time; equal residential responsibility)
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited North Dakota statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed North Dakota attorney.