Child Custody in Bismarck, ND

Are you facing a child custody battle in Bismarck?

This process can be emotional and challenging for parents. Getting through the complexities while dealing with the turmoil can be staggering.

Your first line of defense is to examine the child custody laws in North Dakota. They cover various aspects, including visitation rights and how the courts make decisions. Consider the options in the guide below and how legal help can make a substantial difference.

What Is Child Custody?

When two parents separate, they must decide on how their children spend time between them. Child custody refers to the right of either or both parents to provide a home for their children and exercise parental rights. In Bismarck, ND not all child custody cases go to court, but when they do, courts make their decisions based on what they think is most beneficial for the child.

Types of Child Custody Arrangements in Bismarck, North Dakota

Three main types of arrangements can occur. These include full custody, sole custody, and joint custody. Child custody cases from Bismarck are under the jurisdiction of the South Central Judicial District Court. Generally, they take charge of these concerns in Burleigh County.

What Is Full Custody?

In a full custody arrangement, one parent receives the majority of the parenting time and maintains physical custody. In most instances, this person also makes the majority of the decisions about the child’s upbringing and has control over decisions related to health, education, and religion. The parent awarded full custody is the primary custodial parent.

Applying for modifications to a child custody arrangement starts with filing a motion in court. This petition details the significant changes that could justify a change. Typically, your attorney drafts this document since it needs a compelling legal justification.

Even when children only live with one parent, the other parent still has the opportunity to be a part of their lives. The custodial parent may allow visiting time or the children may spend a few weekends with the non-custodial parent. In some instances, a parent awarded full custody might still maintain joint custody in practice with their partner for the benefit of the children.

What Is Sole Custody?

Most people do not differentiate between one parent getting the overwhelming majority of the parenting time or rights and sole custody. However, it is important to note the possibility of some parents getting no parenting time or rights at all. The court will provide one parent with sole physical custody if the other parent is deemed an unfit parent.

In some cases, the court may go as far as to terminate the rights of the other parent. This may occur if the parent gets convicted of particular crimes that might endanger a child. An example is child abuse or inappropriate sexual conduct with a child. North Dakota state laws vary on what might result in parental termination.

What Is Joint Custody?

Joint custody describes the arrangement where both parents of the child split physical custody. When parents share equal custody, the child may spend a week or two on and off with either parent. Some families in Bismarck, North Dakota also practice “nesting”, where both parents move in and out of the home the child lives in when it is their turn to have custody.

The courts must confirm that parents in Bismarck can cooperate. Additionally, judges assess the ability to provide a stable, loving environment. If applicable, the judicial system will consider any history of domestic violence or substance abuse.

In many joint custody arrangements, one parent may retain complete responsibility. This is for any major decisions that have to be made in regard to the well-being of the child. Also, joint custody does not always mean an equal sharing of time. In most instances, one parent still retains primary custody. In these cases, they may hold the larger portion of a 60/40 time split.

The Factors Courts Consider When Making a Decision

In , , full custody is typically granted when one parent is unable to fulfill their responsibilities in raising the child. For instance, if a parent is incarcerated, lacks financial stability, or is involved in situations that may pose a risk to the child, the court may determine that the other parent should have full or sole custody based on these circumstances.

In contrast, joint custody is often awarded, where both parents share the responsibilities of raising their child. For joint custody to work, both parents must be able to maintain clear communication and follow the court’s instructions. However, if the parents struggle to cooperate, the court may assign one parent the majority of parenting time to minimize conflict.

In joint custody situations in , parents must work together to manage the child’s needs, coordinating activities and resources. Custody arrangements can vary depending on the circumstances, and there may be cases where one parent’s custody is supervised. Additionally, in some situations, the child might be exchanged between parents at a neutral location, such as a public meeting place, to ensure a safe transfer.

The Basics of the Child Custody Process 

Custody arrangements in Bismarck, North Dakota are often subject to family court orders and decisions. However, this is not always the case. Even when the split is amicable, hiring a child custody lawyer can help. Navigate the troubled waters of your custody battle with legal help. Many parents can come together to find a solution that works well for the child. Oftentimes without needing to involve the court system.

Child custody mediation in North Dakota can be an amicable way to resolve these issues. This voluntary process involves sessions with a neutral mediator. They structure the discussion and negotiate terms to set the stage for parents in Bismarck to reach a mutual agreement.

Working with a Bismarck custody lawyer as a mediator can help to advise you on the best type of custody arrangement that would work for the unique requirements and needs of your child. Hire an experienced child custody lawyer to help you better understand your rights as a parent and avoid costly mistakes.

Work With an Experienced Bismarck, North Dakota Child Custody Lawyer 

A child custody battle is a difficult and frustrating process. This is worse when there is animosity between you and the other parent. A Bismarck lawyer who specializes in this area can help to explain the entire process of the child custody battle and can help to make a positive impact on your case whether they mediate the arrangement or defend one party.

Hire a dedicated and passionate child custody attorney in Bismarck, North Dakota.  Your chances of seeing a custody agreement and visitation rights that are favorable for you will be much more likely. If you’re looking to hire an experienced child custody lawyer to help you understand your rights as a parent, you’ve come to the right place.

The attorneys we connect people with can increase your chances of getting the arrangement you seek, even in complex cases. Connect with an experienced lawyer in your area today. We can even help you connect with an attorney across North Dakota state lines.

Submit a request online or call us today at (866) 345-6784 to speak with an experienced lawyer in your area!

About the Author

Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.

With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.

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