Divorce cases in North Dakota take time. Months, sometimes well over a year in contested situations. And while the legal process moves at its own pace through the District Court, real life does not pause. Kids need routines. Parents need clarity. Someone has to make decisions about where the children sleep, which parent handles school pickups, and who covers the bills in the meantime. That gap between filing and finalization is exactly where temporary custody orders come in.

Temporary orders are one of the most practical tools available during a North Dakota divorce, and families going through the divorce and separation process often need them far sooner than they expect. They are not permanent. But they provide a legal framework that protects children and parents while the larger case works itself out.

What North Dakota Law Actually Allows

North Dakota law gives the court authority to issue temporary orders for parental rights and responsibilities while a divorce is pending. During any time in which a divorce action is pending, the court may issue an order requiring a party to pay support necessary for a party and minor children, and may also make an order concerning parental rights and responsibilities concerning the children of the parties.

In North Dakota, what many people call “custody” is technically referred to as parental rights and responsibilities. North Dakota law uses the overall term “parental rights and responsibilities” instead of custody, along with the terms “decision-making responsibility” (essentially the same as legal custody) and “residential responsibility” (essentially the same as physical custody). The concepts are familiar, even if the terminology is a bit different from what most people expect.

So yes, you can ask the court to establish a temporary arrangement for where your children live, how parenting time is divided, and who makes day-to-day decisions, all before the divorce is finalized.

How the Process Works: Filing a Motion for an Interim Order

The formal name in North Dakota is a motion for an interim order. A motion for an interim order is a written request to the court identifying the issues the party wants resolved on a temporary basis. The other party may answer the motion in writing and make their own requests, and a hearing is required for motions for interim orders, where evidence is presented to support the requests.

Before any party can request an interim order, a domestic relations case must have already begun with service of the summons and complaint. You cannot file for a temporary custody order in a vacuum. The divorce case itself needs to be underway first.

Once you file the motion, the court schedules a hearing. If you need immediate court orders for support, custody, or exclusive use of property, you can file motions for temporary relief, and the District Court must generally schedule a hearing within 30 days of filing the motion. That timeline matters. Waiting too long to file can leave your family in an undefined situation for months.

If the court grants an interim order, that order is in effect until the court makes a final decision in the domestic relations case. Think of it as a working arrangement, not a permanent one, but fully enforceable while it stands.

What Can a Temporary Order Actually Cover?

Temporary orders can address custody, child support, spousal support, or protection of property. In the context of parenting, the court can establish which parent the children primarily live with, how parenting time is structured for the other parent, and how major decisions get made during the interim period.

North Dakota also provides an avenue, in more extreme circumstances, for motions for ex parte emergency interim orders in family law cases. An ex parte order is one the court can issue without the other party being present, reserved for circumstances where waiting for a standard hearing could put a child or property at serious risk. Such orders can include provisions for no-contact, exclusive possession of the home, and temporary custody of children, and ex parte motions have their own stringent procedural requirements.

What the Court Looks At When Deciding Temporary Custody

The standard for temporary custody decisions, like final custody decisions, centers on what serves the child’s best interests. Factors the court considers include the relationship between the child and each parent, each parent’s ability to provide a stable home, mental and physical health concerns that impact a child, any history of domestic violence, and in some cases, the child’s wishes.

To clarify that last point, the child’s wishes are one factor among many, not a deciding vote. Younger children’s preferences carry less weight than those of older, more mature children. The court weighs everything together.

Domestic violence history, if present, gets serious attention. Any past history of domestic violence by a parent or the propensity for one parent to interact with or allow someone to frequent the household who could negatively impact the child’s best interest would be concerning for the court and can significantly shape the temporary arrangement the court puts in place.

If parents agree on a custody plan, courts generally approve it, as long as it serves the child’s best interests. So, if both parents can reach an agreement on temporary arrangements, that is often the faster and less adversarial path. 

How Can an Attorney Help With Temporary Orders?

A family law attorney can help you identify which issues need immediate attention, prepare the motion, gather supporting evidence, and explain what to expect at the hearing. Your lawyer can also help present a practical temporary arrangement involving parenting time, decision-making, support, or property use.

If the other parent makes a competing request, an attorney can respond to those claims and work toward an agreement when possible. Once an interim order is entered, your lawyer can help you understand and follow its terms while the divorce continues.

At Parvey, Larson, and McLean, PLLC, we help families in West Fargo, West Fargo, and throughout Cass County and the surrounding areas to seek workable temporary arrangements and protect their long-term interests. Contact our office to discuss your situation. Temporary orders, like all family law matters, are not a one-size-fits-all situation.