How Is Residential Responsibility
Decided In North Dakota?

Residential responsibility is not decided by
what is fair to the parents. It is a decision the
Courts must make when parents cannot agree.
Courts consider what is in the “best interests of
the child” and look at the following factors:
What Is A Parenting Investigator?
violent or where parents have abandoned their
child. Priority is given to the child’s nearest
suitable adult relative. Effects of abuse on the
abused parent are not grounds to deny that
parent residential responsibility.
An advocate, who is appointed by the court,
for the child’s best interest on:
What Types Of Residential
Responsibility Are Granted?

Parents’ emotional ties with the child.

Parents’ ability to provide child with food,
clothing, shelter, medical care, and safe
environment.

Child’s developmental needs and parents’
ability to meet those needs.

Past and future stability of the parents’
home and impact of extended family.

Parents’ willingness and ability to facilitate
and encourage a close and continuing
relationship between the other parent and
the child.
Any other factors considered by the court
to be relevant to deciding residential
responsibility of the child.



residential responsibility
child support
parenting time
The parenting investigator does not need to
be an attorney.
Why Would The Court Appoint A
Parenting Investigator?

Special concern about the child’s
future

In divorce or separation cases where
residential responsibility is contested.

Moral fitness of the parents.

Mental and physical health of the parents.

Home, school and community records of
the child and the potential effect of any
change.

Evidence of domestic violence.

Child’s reasonable preference, if the court
finds the child is of sufficient maturity.
If the court finds credible evidence of domestic
violence and there was the use of a
dangerous weapon or someone was seriously
injured or there is a pattern of domestic
violence with recent events, there is a
rebuttable presumption that the parent who
has been violent may not be granted
residential responsibility.

Parents’ relationships with others and the
impact on the child’s best interests.
Is Residential Responsibility Ever
Given To A Third Party?

Lies by one parent against the other about
harm to the child.
Residential responsibility may be given to a
third party where both parents have been
Courts do have the discretion to order
alternating, joint or split residential
responsibility, depending on the individual
circumstances of each case. However, courts
generally prefer to grant primary residential
responsibility to one parent.

Primary residential responsibility: One
parent is responsible for more than fifty
percent of the residential responsibility and
the physical care of the child; the child has
the right to parenting time with the noncustodial parent.

Joint residential responsibility: Each parent
has the child for a specific part of the year,
such as six months each, or any other time
period, usually divided equally.

Split residential responsibility: Siblings are
placed in the separate homes of each
parent, when in their best interest, and
when no evidence of serious detriment is
present.

Joint decision making responsibility: Each
parent is able to make decisions
concerning the child. The term may refer
to decisions on all issues or on specified
issues, but not child support issues.
How Does Domestic Violence
Affect Residential Responsibility?
How Is Residential Responsibility
Changed?
Who Do I Contact
With Additional Questions?
Courts will not consider requests to change
residential responsibility until two years from
the date of the court order, unless the request
is in the best interests of the child and:
Call: 1-800-634-5263
Seniors 60 and over Call
1-866-621-9886

the parties stipulate to the change;

there has been persistent and intentional
interference or denial of parenting time; or

the present environment may harm the
child; or

the child has resided with the non-custodial
parent for longer than six months.
Note: The 2009 North Dakota Legislature
changed traditional legal terms such as
custody and visitation to residential
responsibility and parenting time.
Legal Services of North Dakota
Bismarck Law Office
418 E Broadway #7
Bismarck, ND 58501
Fargo Law Office
112 N University #220, PO Box 1327
Fargo, ND 58107-1327
How Is
Residential
Responsibility
(Formerly
Known As
Custody)
Decided?
Minot Law Office
20 1st St SW #201
Minot, ND 58701
New Town Law Office
345 Main St, PO Box 217
New Town, ND 58763-0217
Belcourt Law Office
BIA Road 7 Bldg 85, PO Box 1365
Belcourt, ND 58316-1365
DISCLAIMER: This information is not legal
advice. If you have a legal problem, you
should talk to a lawyer and ask for advice
about your options.
July 2011
You may apply for legal services by
completing our online website application.
N.D. Cent. Code Chapter 14-09.
Visit our website at www.legalassist.org.
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