Child custody cases can be complicated, especially when the parents are unmarried. In North Dakota, unmarried parents have different rights and responsibilities from legally married couples. That makes it essential for individuals to understand their legal rights and prepare for what’s ahead when a baby is on the way.

A West Fargo family law and child custody attorney can help you understand how to seek custody and exercise your parental rights.

Unmarried Parental Rights in North Dakota

Under the law, married couples have distinct parental rights. In North Dakota, a husband is the presumed father of a child if the couple is married and the child is born during that marriage. A man is also the presumed father if a child is born within 300 days after the marriage is terminated by death, annulment, or divorce. As the presumed father, a husband has certain rights and responsibilities regarding decision-making, custody, and financial obligations.

Unmarried parental rights are different. An unmarried mother may not automatically have sole custody of a child, but they are typically recognized as the responsible parent at birth. The father must establish paternity of a child to be able to exercise their legal rights. To establish paternity and seek custody or visitation, an unmarried father must prove paternity. This can be accomplished in North Dakota in several ways.

Establishing Paternity in North Dakota

One way an unmarried, biological father can establish a child’s paternity is to file an Acknowledgment of Paternity. Parents can complete the necessary paperwork at the hospital when the child is born or file a form with the North Dakota Department of Health and Human Services, Vital Records office. This method is the simplest way to establish paternity when both parents are unmarried but agree on the child’s paternity.

If the mother is married to another individual at the time of birth, that man is considered the legal father of the child unless all three parties complete the acknowledgement of paternity form. In addition to the biological mother and father completing this document, the mother’s spouse must complete a section of the form called Denial of Paternity.

If paternity is uncertain or parents can’t agree on who the biological and legal father of the child is, a North Dakota court may need to intervene. Paternity adjudication is a civil action in which a judge determines the child’s legal father. This legal process can start before the child is born, but a judge typically does not issue a final decision until birth. Individuals who can seek a paternity adjudication include:

  • The mother of the child
  • The man whose paternity needs to be adjudicated
  • The child
  • A North Dakota support enforcement agency
  • An authorized adoption agency
  • A personal representative legally allowed to act on behalf of a child, a deceased, or an incapacitated individual

In situations where paternity is contested or in question, the court can require DNA testing to establish the paternity of the child.

Once established, the court determines custody and visitation based on the “best interests of the child” factors that are codified in North Dakota’s century code. A judge will consider factors such as:

  • Love, affection, and emotional ties between the child and each parent
  • Ability of each parent to provide for the child
  • The child’s physical and developmental needs and a parent’s ability to meet those needs
  • Stability and safety of each parent’s home environment
  • The moral fitness of each parent
  • The mental and physical health of each parent
  • History of domestic violence or abuse

A judge can consider any other information relevant to the custody case besides these and other factors, too.

Let Our Law Firm Put You and Your Family First

At Parvey, Larson, and McLean, PLLC, our compassionate child custody attorneys recognize that you’re facing complex and life-changing transitions. We aim to offer parents unwavering support and effective legal advice to achieve the best outcome possible for their situation. Contact our office now to arrange a confidential consultation with a caring family law attorney. We believe people are first, and attorneys are second.