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ND dad trying to get custody

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  • ND dad trying to get custody

    I am thinking of filing to get custody of my 8 year daughter who has been living with me for the last 10 months. I am in the military and my ex (military), who was stationed here in ND, was moved to Florida. She has 51% or primary custody of my child and took her to Florida with her in August. She soon realized that because of her job and the constant traveling that she couldn't provide adequate care for her. She sent her back to me in Sept. to live with me and continue school. We have lived here for 4 years and my daughter has been going to school here since Kinder and is now about to finish 2nd grade. My ex plans on Taking her back to Florida @ the end of July, for good, to start the next school year. My daughter doesn't want to go. I am since re-married 2 years ago and have another child (9months). My 8 year old doesn't want to leave her sister either. I heard there could be a ND law that awards custody of the child to a parent if the child is with them for more than 6 months. ??? The lawyers here haven't been to helpful. I don't beleive my ex can provide the stable environment we can. Any advice would be appreciated.

  • #2
    North Dakota law states: “For the purpose of custody, the best interests and welfare of the child is determined by the court’s consideration and evaluation of all factors affecting the best interests and welfare of the child. These factors include all of the following when applicable: a) The love, affection and other emotional ties existing between the parents and child; b) The capacity and disposition of the parents to give the child love, affection and guidance and to continue the education of the child; c) The disposition of the parents to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs; d) The length of time the child has lived in a stable satisfactory environment and the desirability of maintaining continuity; e) The permanence, as a family unit, of the existing or proposed custodial home; f) The moral fitness of the parents; g) The mental and physical health of the parents; h) The home, school and community record of the child; i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding and experience to express a preference; j) Evidence of domestic violence; … k) The interaction and interrelationship, or the potential for interaction and interrelationship, of the child with any person who resides in, is present or frequents the household of a parent and who may significantly affect the child’s best interests. The court shall consider that person’s history of inflicting, or tendency to inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily injury or assault, on other persons; l) The making of false allegations not made in good faith, by one parent against the other, of harm to a child; … m) Any other factors considered by the court to be relevant to a particular child custody dispute. …

    “The court, at any stage of the proceedings after final judgment, may make orders about what security is to be given for the care, custody and support of the unmarried minor children of the marriage as from the circumstances of the parties and the nature of the case is equitable. …

    “Unless agreed to in writing by the parties, no motion to modify a custody order may be made earlier than two years after the date of entry of an order establishing custody. … Unless agreed to in writing by the parties, if a motion for modification has been disposed of upon its merits, no subsequent motion may be filed within two years of disposition of the prior motion. … The time limitation … does not apply if the court finds: a) The persistent and willful denial or interference with visitation; b) The child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development; or c) The primary physical care of the child has changed to the other parent for longer than six months. …

    “The court may not modify a prior custody order within the two-year period following the date of entry of an order establishing custody unless the court finds the modification is necessary to serve the best interest of the child and: a) The persistent and willful denial or interference with visitation; b) The child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development; or c) The primary physical care of the child has changed to the other parent for longer than six months. …

    “The court may modify a prior custody order after the two-year period following the date of entry of an order establishing custody if the court finds: a) On the basis of facts that have arisen since the prior order or which were unknown to the court at the time of the prior order, a material change has occurred in the circumstances of the child or the parties; and b) The modification is necessary to serve the best interest of the child. …

    “The court may modify a prior custody order at any time if the court finds a stipulated agreement by the parties to modify the custody is in the best interest of the child. …

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    Even with the law, I think this is a close call because the mother is in the military and acted in the child's best interest, and reunification with the mother may be good also. I hope the parents can work this out.

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