What term does North Dakota use instead of 'custody'?

North Dakota uses 'residential responsibility' and 'parenting time,' both decided under the same 13 best-interest factors, without a presumption toward any particular arrangement or preference based on either parent's gender.

How much notice do I need to relocate with my child in North Dakota?

At least 60 days' advance written notice under N.D.C.C. § 14-09-07 before relocating, if you have primary residential responsibility.

What if we have joint residential responsibility?

A moving parent with joint residential responsibility must get a court order that both allows the move and awards that parent primary residential responsibility, a higher bar than for a parent who already has sole primary responsibility.

North Dakota, United States

North Dakota Child Custody: A Parent's Guide

Q: What best-interest factors does a North Dakota court weigh?

The love and emotional ties between the parents and child, each parent's ability to provide nurturing, affection, and guidance, the parents' mental and physical health and moral fitness to the extent those factors affect the child, the child's relationship with anyone who lives in or frequently visits each parent's home, and any evidence of domestic violence, including whether a parent has falsely accused the other of harming the child.

Q: Can I move out of state without the other parent's consent?

Generally you need either written permission from the other parent or a court order, unless the noncustodial parent hasn't exercised visitation for at least a year or has themselves moved more than 50 miles away in another state.

How child custody works in North Dakota, in plain English: residential responsibility, best-interest factors, the 60-day relocation notice, and child support.

Legal sources reviewed: August 10, 2026

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In short: North Dakota decides custody, called residential responsibility and parenting time, under 13 best-interest factors with no presumption toward any particular arrangement or parent. Relocating requires 60 days' written notice, and moving the child out of state generally needs either the other parent's written consent or a court order, an even higher bar applies where the parents share joint residential responsibility.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed North Dakota family law attorney.

What North Dakota generally provides

Under N.D.C.C. § 14-09-06.2, North Dakota courts use 13 best-interest factors to decide residential responsibility (custody), parenting time (visitation), and everything else the parenting plan must address. Courts don't presume any particular arrangement is superior and evaluate each family's circumstances without preference based on either parent's gender.

Important terminology

Residential responsibility: North Dakota's term for physical custody, where the child primarily lives.
Parenting time: North Dakota's term for the visitation/residential schedule.
Primary residential responsibility: the arrangement most relevant to the state's relocation notice and consent rules.

How custody works in North Dakota

The 13 best-interest factors, applied without a preference

Courts weigh the love and emotional ties between the parents and child, along with each parent's ability to provide nurturing, affection, and guidance, the parents' mental and physical health and moral fitness to the extent those factors affect the child, the child's relationship and potential interactions with anyone who lives in or frequently visits each parent's home, and any evidence of domestic violence, including whether one parent has falsely accused the other of harming the child (unless the claim was made in good faith).

Parenting schedules

Once residential responsibility and parenting time are set, families commonly build the actual schedule around patterns like 2-2-3 or week on, week off. See what is a parenting plan for what a strong plan generally covers, how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Under N.D.C.C. § 14-09-07, a parent with primary residential responsibility must provide at least 60 days' advance written notice before relocating. Moving the child out of state generally requires either written permission from the other parent or a court order, unless the noncustodial parent hasn't exercised visitation for at least a year or has themselves relocated more than 50 miles away in another state. A parent with joint residential responsibility who wants to move faces a higher bar: they must get a court order that both permits the move and awards them primary residential responsibility. Courts evaluating a relocation request weigh the purpose and good faith of the move, the impact on the child's relationship with the non-relocating parent, the quality of life available at the new location, and the feasibility of preserving the other parent's relationship through a modified schedule, including virtual visitation. See moving to another state with shared custody for how relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? North Dakota uses a percentage-of-income model under N.D. Admin. Code 75-02-04.1, based exclusively on the noncustodial parent's net income: 14% for one child, 20% for two, 22% for three, 24% for four, and 27% for five or more, with the effective percentage decreasing as income rises, and the schedule capping at $25,000 in monthly net income.

Can a custody order be changed later? Yes, generally on a showing of a material change in circumstances and that a modification serves the child's best interest.

What if my co-parent won't follow the custody order? You can file a motion for contempt with the court. Courts can order makeup parenting time and, in serious or repeated cases, hold a parent in contempt.

Practical considerations

Because a willful relocation without proper notice or court approval can result in a court shifting primary residential responsibility to the non-relocating parent, treat the notice and consent requirements as firm rather than a formality, and confirm the specifics with a North Dakota family law attorney before making moving plans. Whatever the order specifies, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official North Dakota resources

North Dakota hub

FAQ

Questions, answered

This information is provided for educational purposes only and is not legal advice. Family law varies by individual circumstances and may change over time. Consult a qualified attorney or appropriate official resource for advice about your situation.