Relocating with children can be complicated, especially if one parent plans to move far away. North Dakota courts have specific rules in place to address residential responsibility (custody) and parenting time (visitation) issues in such cases. It’s important to understand these rules to make informed decisions about your rights and responsibilities.
Factors the court considers for relocation
When one parent wants to relocate with the children, the court will consider several factors before potentially granting permission. The first consideration is the child’s best interests. Courts look at how the move will impact the child’s relationship with both parents, stability, and overall well-being. The parent seeking relocation must prove the benefits to that parent and the child, whether through a better quality of life, improved opportunities, better educational resources, etc.
The court will also evaluate the non-relocating parent’s ability to maintain a meaningful relationship with the child after the move. Courts generally prefer arrangements that allow both parents to remain involved in the child’s life. They will look at whether the move will disrupt visitation or make it harder for the non-relocating parent to access the child.
Notice and consent requirements
In North Dakota, once a judgment or other court order has been entered that establishes a parenting plan, parents must follow very specific legal requirements before relocating with their child. In short, if the non-relocating parent disagrees with the move, the relocating parent must ask the court for permission to proceed. If the non-relocating parent agrees, the move can likely proceed without further court involvement. Specific judgments may also have additional requirements that the parties previously agreed upon. It’s important to consult with an attorney to fully understand the procedures necessary for your specific circumstance.
Impact of the relocation on custody arrangements
Relocation often leads to changes in the custody arrangement. The relocating parent may need to adjust the visitation schedule, especially if the move creates a long-distance situation. In some cases, the court may grant the non-relocating parent additional visitation time to maintain a strong relationship with the child.
Relocation is a delicate issue, and courts take great care in evaluating its impact on the child. If you’re facing a potential move with your child, understand how the court views these decisions and what steps you must take to ensure compliance with the law.