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What are Some Important Aspects of Child Custody Law in North Dakota?

— April 26, 2022

Some states use the concepts of physical and legal custody to describe certain aspects of raising a child.

Fargo, ND – Any parent who is about to go through a child custody hearing should have some basic familiarity with their state’s child custody standards and laws. This will help avoid surprises, and a local attorney can explain any of these laws more thoroughly to the parent to prepare for the hearing. In all custody cases, it is important for the parent to have evidence and information that will help present their living situation and ability to be a good parent in the best way possible. It is also necessary to have a basic understanding of how the judge will make custody decisions under North Dakota law.  

The best interests of the child are the guiding factor in custody decisions

North Dakota uses the same standard as many other states when a judge is able to make custody decisions. This is called the best interests of the child, and it allows the court to consider many aspects of the child’s upbringing. The standard may be used to protect the child from an abusive parent, and judges also consider stability and other safety issues when using the best interests standard. Some other factors that may be weighed when determining the child’s best interests include the financial situation of each parent, their prior relationship with the child, their ability to invest time into providing care for the child, and any negative aspects of the parent’s past that might endanger the child such as substance abuse or domestic violence.

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North Dakota child custody laws consider both physical and legal custody 

Some states use the concepts of physical and legal custody to describe certain aspects of raising a child. Physical custody is the term that is related to the parenting time arrangement and where the child is actually staying at any given time. In many cases, one parent will have most of the physical custody time, with the other receiving visitation rights at certain points during a week or month. Physical custody can also refer to limitations on when the child can be with a particular parent and where they can do. Legal custody is the concept that determines important decisions about the child’s life and upbringing. Matters related to legal custody generally include education, healthcare, religion, and any activities that the child is involved in. It is possible for parents to have an equal say in matters related to legal custody, even when one parent has much more physical custody time. 

Help from a local child custody attorney is a site that has more information about child custody lawyers in Fargo, North Dakota and other parts of the country. Potential clients can use the site to choose their location and a practice area to find a local firm that matches their needs. 

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