North Dakota Custody Agreements and Parenting Plans - Rules From the North Dakota Statutes

Title 14 in the North Dakota Century Code contains theis best if the parents can cooperate and make an
state laws and guidelines concerning child custody.agreement that they both like right from the beginning.
Within these statutes, parents who need to make a3. Best interest of the child. Title 14-09 makes it very
custody agreement and parenting plan can find theclear that all custody decisions, especially regarding the
necessary information to make one that will fit theadoption of a custody agreement, must be done in the
needs of their child and also fulfill the requirements ofbest interest of the child. When the court is deciding
the state. The custody agreement is the result of theabout custody, they consider many factors that affect
custody proceeding and it has all of the terms andthe child's best interest. These factors should be
conditions of the custody arrangements. Therefore, it isconsidered by the parents as they make their
vital that parents come up with a plan that they likeagreement to help ensure that it benefits the children.
and that works for their child, because the custodyHere are the factors:
agreement will be in effect until the child is an adult.- The love, affection, and other emotional ties existing
Here is a highlight of the laws from the North Dakotabetween the parents and child.
Code that parents need to know for their parenting- The capacity and disposition of the parents to give
plan.the child love, affection, and guidance.
1. Court ordered mediation. Title 14-09.1 explains that the- The disposition of the parents to provide the child
court has the authority to order parents to mediation ifwith food, clothing, and medical care.
the custody arrangements are contested. This means- How long the child has lived in a stable environment,
that if the mother and father are not able to agree onand if that environment should continue.
the parenting plan, they may need to attend mediation.- The permanence of the proposed or existing
In mediation, they should try to work out an agreementcustodial home.
that they can both support. If mediation fails, the- The moral fitness of the parents.
parents must rely on the court to decide on a- The physical and mental health of the parents.
parenting plan. Generally, everyone is more satisfied- The community, school, and home record of the child.
with the agreement if they can work it out together.- The reasonable preference of the child.
2. Modifications to the plan. The state wants to accept- Any history of domestic violence
parenting plans that are stable and that can last for- The interaction of the child with any other family
several years. In many cases, parents must wait atmembers or other significant persons.
least two years before petitioning for a modification,- If either parent has made accusations about the
unless the parents agree on a change. If a parentother that aren't in good faith.
wants a major change to the plan, s/he must prove- Any other relevant factors.
that the change is vital to the child's well being. Thus, it