Is joint custody the default?

North Dakota courts consider multiple custody arrangements and choose based on the child's best interests [§ 14-09-06.2]. Joint custody is available but not automatically presumed — the court evaluates each family's specific circumstances.

At what age can a child choose which parent to live with?

Children's preferences are one factor courts consider [§ 14-09-06.2], but the weight given depends on the child's maturity and age. No specific age gives a child absolute choice — the court always evaluates best interests overall [§ 14-09-06.2].

How is child support calculated in North Dakota?

North Dakota uses an income-shares model. Based on combined gross monthly income of both parents using North Dakota Child Support Guidelines. The guideline amount can be adjusted based on specific circumstances.

What is a parenting plan?

A parenting plan is a detailed document outlining custody, visitation schedules, holiday allocation, decision-making authority, and communication protocols [§ 14-09-06.2]. Most courts require one before finalizing a divorce involving children.

Can I move out of state with my child?

Relocation with a child typically requires either the other parent's consent or court approval. The court evaluates whether the move serves the child's best interests ${cite(d, d.custodyCite)} and how it affects the other parent's relationship.

Topic guideUpdated 2026-02-27

North Dakota Divorce With Children — Custody & Support

Custody, child support, and parenting plans when children are involved in an North Dakota divorce

When children are involved, a North Dakota divorce must address custody, visitation, and child support in addition to property division and spousal support. Courts prioritize the Best interests of the child in every decision §14-09-06.2.

💡The presence of children increases the complexity of a divorce. Both parents must provide financial disclosures, and the court requires a parenting plan before it will finalize the case.

How custody is determined §14-09-06.2

Courts determine custody based on the best interests of the child, considering the love and affection between child and parents, parental fitness, stability, continuity of care, and the child's wishes if of suitable age.

Types of custody

Legal custody — the right to make major decisions about the child's education, health care, and welfare
Physical custody — where the child lives day-to-day
Joint custody — both parents share legal custody, physical custody, or both
Sole custody — one parent has primary decision-making authority or residential time

Child support

North Dakota uses an income-shares model to calculate child support.

Based on combined gross monthly income of both parents using North Dakota Child Support Guidelines
Presumptive guideline amount; deviation requires written findings
Health insurance and childcare costs are factored into the calculation
Income can be withheld directly from the paying parent's employer §14-09-09.24

The parenting plan

Most North Dakota courts require a written parenting plan that addresses:

Regular custody and visitation schedule
Holiday and vacation time allocation
Transportation arrangements and exchange locations
Decision-making authority for education, health, and extracurricular activities
Communication protocols between parents
Relocation restrictions and notice requirements

Temporary orders during the divorce

While a divorce or family law case is pending, North Dakota courts may issue temporary orders addressing matters such as support, parenting arrangements, and use of property; the specific scope and procedure vary — confirm with a lawyer. Temporary custody and support orders typically remain in effect until the final decree is entered.

✓Document the current parenting arrangement before filing. Courts consider the existing status quo when making temporary and permanent custody decisions.

Modifying custody later

Custody may be modified upon showing a material change in circumstances and that modification is in the best interests of the child. A 2-year moratorium applies unless endangerment to the child is shown. §14-09-06.6

⚠If there is an immediate safety concern involving a child, the court can issue emergency orders on an expedited basis. Do not wait if a child's welfare is at risk.

Prepare for Your Consultation

Quick checklist (Family Law)

Bring what you have — missing items can be filled in later.

Current custody / support

orders (if any)

Key dates

and communications

Income / expense basics

(if support involved)

General preparation tips only. Procedures vary by court and issues.

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