Legal Information: North Dakota


December 17, 2015

Can a parent who committed violence get custody or visitation?

According to North Dakota law, the judge is supposed to try to make sure that both parents have the chance to spend time with the child, unless you can prove that it would not be in the child's best interest.

In ND, a judge must consider many things when deciding what is in the child's best interest, including whether or not there has been a  history or any incidents of domestic violence or sexual assault.*

If there is evidence of domestic violence, then a judge MUST consider this when determining each parent's rights and responsibilities.*    This means that a judge may decide not to award any custody or visitation, or may decide to award supervised visitation, if there is evidence of domestic violence or sexual assault.*

* N.D.C.C. §§14-09-06.2, 14-09-29