NORTH DAKOTA

NPO AFFILIATE | ND

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Highlights:

In instances of divorce or separation:

  • 94% of those in North Dakota believe it is in the child’s best interest to have as much time as possible with each parent.

  • 94% in North Dakota expressed a commitment to vote their beliefs in being “more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent following separation or divorce when both parents are fit and willing to be parents.

  • 80% support a change in North Dakota Law that creates a rebuttable presumption that shared parenting is in the best interest of a child after a parental separation.

  • 79% believe that when there is conflict between parents, awarding sole custody to one parent increases conflict

  • 91% believe that both parents should have equal rights and responsibilities following divorce or separation.

POSITIVES:

  • North Dakota's PTA appropriately results in no presumptive child support transfer payment when parental income and parenting time are both equal.

NEGATIVES: 

  • North Dakota's PTA has a very high threshold of 100 days.

  • North Dakota's PTA has a large discontinuity (or discontinuities), creating a large cliff effect or multiple cliff effects.

  • North Dakota's PTA underestimates the fixed, duplicated costs involved in shared parenting.

  • North Dakota's PTA does not take into account the effect on the payer parent's household.

2019 NPO Shared Parenting Report Card

WHY DID NORTH DAKOTA RECEIVE A D?

POSITIVES:

  • North Dakota statutes require a court to consider a “friendly parent” factor in determining the best interest of a child. N.D. CENT. CODE § 14-09-06.2.1(e).

  • North Dakota statutes treat false allegations of abuse as a factor in custody decisions. N.D. CENT. CODE § 14-09-06.2.1.l

NEGATIVES: 

  • North Dakota has no statutory preference for, or presumption of, shared parenting (joint legal custody and shared physical custody) for temporary or final orders.

  • North Dakota statutes do not explicitly provide for shared parenting during temporary orders.

  • North Dakota statute does not contain any policy statement or other language encouraging shared parenting.

  • North Dakota statutes explicitly designate “a parent with more than 50 percent of the residential responsibility” as a “custodial parent” and “a parent with less than 50 percent of the residential responsibility” as a “noncustodial parent.” N.D. CENT. CODE § 14-09-06.2.1(e) This fails to resolve the terminology when each parent has 50 percent of the residential responsibility.