North Dakota's rule on child custody and parenting time turns on a feature the national template does not capture: North Dakota uses Decision-making responsibility and residential responsibility / parenting time.. Courts apply best-interests factors under § 14-09-06.2, including the child’s relationship with each parent, ability to provide, and any history of domestic violence. Equal residential responsibility is considered when appropriate; awards follow the child’s best interests. The controlling authority is N.D. Cent. Code §§ 14-09-05.1 to 14-09-07. Relocation: A parent seeking to relocate with the child must generally obtain court approval and show the move is in the child’s best interests. Modification: A material change of circumstances is required to modify parenting rights and responsibilities.
Key takeaways
- Best-interests standard: Courts apply best-interests factors under § 14-09-06.
- Labels used in North Dakota: Decision-making responsibility and residential responsibility / parenting time..
- Parenting-time posture: Equal residential responsibility is considered when appropriate; awards follow the child’s best interests.
- Relocation: A parent seeking to relocate with the child must generally obtain court approval and show the move is in the child’s best interests.
- Modification: A material change of circumstances is required to modify parenting rights and responsibilities.
- Primary authority: N.D. Cent. Code §§ 14-09-05.1 to 14-09-07.
Worked example under North Dakota law
The illustration below uses only rules already stated for North Dakota. It is a research hypothetical, not a prediction of what a court will do.
Two parents in North Dakota disagree about where the child lives during the school week, and one wants to move.
- Use the labels North Dakota actually uses: Decision-making responsibility and residential responsibility / parenting time..
- Apply the best-interests factors: Courts apply best-interests factors under § 14-09-06.2, including the child’s relationship with each parent, ability to provide, and any history of domestic violence.
- Check any parenting presumption: Equal residential responsibility is considered when appropriate; awards follow the child’s best interests.
- If a move is proposed: A parent seeking to relocate with the child must generally obtain court approval and show the move is in the child’s best interests. Later changes follow: A material change of circumstances is required to modify parenting rights and responsibilities.
Parenting plans are filed with the divorce or a parenting action. Mediation is common. Final decrees allocate decision-making and residential schedules.
Best-interests factors in North Dakota
Courts apply best-interests factors under § 14-09-06.2, including the child’s relationship with each parent, ability to provide, and any history of domestic violence.
Legal custody, physical custody, and parenting time
Decision-making responsibility and residential responsibility / parenting time.
Equal residential responsibility is considered when appropriate; awards follow the child’s best interests.
Relocation with a child
A parent seeking to relocate with the child must generally obtain court approval and show the move is in the child’s best interests.
Modifying a North Dakota custody order
A material change of circumstances is required to modify parenting rights and responsibilities.
How custody cases typically move in North Dakota
Parenting plans are filed with the divorce or a parenting action. Mediation is common. Final decrees allocate decision-making and residential schedules.
Related North Dakota guides
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Case law: custody and parenting time in North Dakota
Delmer T. KELLY, Plaintiff and Appellee, v. Susan C. KELLY, Defendant and Appellant — Maring, J., concurring
…ed the best interest factors as though this was an original custody order and failed to gauge them against the preference for stability for the children, the court’s rationale for concluding the change of custody was required in the best interests of the children can be deduced from its findings about the lack of stability that existed for a time in the children’s physical envi…
North Dakota opinions such as Delmer T. KELLY, Plaintiff and Appellee, v. Susan C. KELLY, Defendant and Appellant — Maring, J., concurring are cited where child custody is disputed. The court stated: "ed the best interest factors as though this was an original custody order and failed to gauge them against the preference for stability for the children, the court’s rationale for concluding the change of custody was required in the best interests of the children can be deduced f" That is the language to brief; the rest of the decision supplies the procedural posture.
Margaret A. DeFOREST, Plaintiff-Appellant, v. Patrick M. DeFOREST, Defendant-Appellee
…ferences. The judgment provides for an alternating or split custody of the DeForests’ daughter, Margaret Ann. It is from this part of the judgment that Margaret appeals. Judgment reversed and remanded. FACTS The DeForests were married on August 19, 1967, at Colorado Springs, Colorado. They have one child, Margaret Ann (hereinafter Peggy), born on April 11, 1970. Until the parti…
North Dakota opinions such as Margaret A. DeFOREST, Plaintiff-Appellant, v. Patrick M. DeFOREST, Defendant-Appellee are cited where child custody is disputed. The court stated: "The judgment provides for an alternating or split custody of the DeForests’ daughter, Margaret Ann. It is from this part of the judgment that Margaret appeals. Judgment reversed and remanded. FACTS The DeForests were married on August 19, 1967, at Colorado Springs, Colorado." That is the language to brief; the rest of the decision supplies the procedural posture.
Jacque S. NOVAK, Now Known as Jacque S. Olson, Plaintiff and Appellee, v. Richard R. NOVAK, Defendant and Appellant
…ings, Colorado and which denied his request for a change of custody. We affirm. Richard and Jacque were divorced in October 1984. The stipulated decree placed Joel, then age nine, in Jacque's principal custody with reasonable visitation for Richard. An older son, Daniel, diagnosed as being autistic, resides at the Grafton State School. In June 1986 Jacque married David Olson, a…
Jacque S. NOVAK, Now Known as Jacque S. Olson, Plaintiff and Appellee, v. Richard R. NOVAK, Defendant and Appellant is worth reading on North Dakota child custody because the court put the point in its own words: "Colorado and which denied his request for a change of custody. We affirm. Richard and Jacque were divorced in October 1984. The stipulated decree placed Joel, then age nine, in Jacque's principal custody with reasonable visitation for Richard." Use that passage as the starting point, then read the facts that precede it.
Jeffery J. MAYNARD, Plaintiff and Appellant v. Christa M. McNETT, F/K/A Christa M. Maynard, Defendant and Appellee
…he child. Because the parents have joint legal and physical custody, the district court erred in allowing one parent to move with the child. We hold that a parent with joint legal and physical custody may not be granted permission to move with the parties’ child, unless the district court first determines the best interests of the child require a change in primary custody to th…
Practitioners open Jeffery J. MAYNARD, Plaintiff and Appellant v. Christa M. McNETT, F/K/A Christa M. Maynard, Defendant and Appellee when North Dakota child custody turns on the distinction in this sentence: "Because the parents have joint legal and physical custody, the district court erred in allowing one parent to move with the child." Do not lift it out of the facts the court was deciding.
Malcolm R. PEEK, Plaintiff and Appellant, v. Kimberly J. BERNING, Defendant and Appellee
…of the child supported an award of joint legal and physical custody with a schedule of rotating physical custody. We reverse and remand for further proceedings in accordance with this opinion. I [¶ 2] Malcolm R. Peek and Kimberly J. Berning were never married, but in February 1997 they had one child together. Berning also has two other children who reside with her. When Peek an…
On child custody, Malcolm R. PEEK, Plaintiff and Appellant, v. Kimberly J. BERNING, Defendant and Appellee speaks to the North Dakota dispute in this passage: "We reverse and remand for further proceedings in accordance with this opinion. I [¶ 2] Malcolm R. Peek and Kimberly J. Berning were never married, but in February 1997 they had one child together. Berning also has two other children who reside with her." The surrounding opinion shows how the court applied that language to the record.
In Re Guardianship of Barros
In Re Guardianship of Barros, 701 N.W.2d 402 (2005)
…emoval would be in the best interest of the ward." Id. In a custody proceeding, the best interests and welfare of a child are determined by a court's consideration and evaluation of several factors: a. The love, affection, and other emotional ties existing between the parents and child. b. The capacity and disposition of the parents to give the child love, affection, and guidan…
In Re Guardianship of Barros is worth reading on North Dakota child custody because the court put the point in its own words: "Id. In a custody proceeding, the best interests and welfare of a child are determined by a court's consideration and evaluation of several factors: a. The love, affection, and other emotional ties existing between the parents and child. b." Use that passage as the starting point, then read the facts that precede it.
Garry K. DUNN, Plaintiff and Appellee v. Michelle Dye DUNN, Defendant and Appellant
…om an amended divorce judgment granting Garry Dunn physical custody of the parties’ two youngest children and allowing him to move with the children to Wyoming. Michelle Dunn argues the district court’s finding of a substantial change of circumstances warranting a change of custody as a prerequisite to move the children to Wyoming was induced by an erroneous view of the law bec…
Garry K. DUNN, Plaintiff and Appellee v. Michelle Dye DUNN, Defendant and Appellant is worth reading on North Dakota child custody because the court put the point in its own words: "Garry Dunn physical custody of the parties’ two youngest children and allowing him to move with the children to Wyoming." Use that passage as the starting point, then read the facts that precede it.
Frequently asked questions
What does North Dakota call “custody”?
Decision-making responsibility and residential responsibility / parenting time.
Can I move out of state with my child?
A parent seeking to relocate with the child must generally obtain court approval and show the move is in the child’s best interests.
How do I change an existing custody order in North Dakota?
A material change of circumstances is required to modify parenting rights and responsibilities.
This guide covers North Dakota custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.