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Shared Custody and Visitation

When parents of a child are separated or get a divorce, they have to determine the child’s custody and visitation rights. Custody arrangements can include shared custody or sole custody. Joint legal custody and joint physical custody mean the parents both have the right to make legal decisions for the child and share physical time with the child. Even when both parents have shared custody, the parent who spends the most time with the child is generally considered the custodial parent. The other parent has visitation rights and can see the child based on the visitation schedule and custody order.

Legal Issues in Child Custody Disputes

When parents cannot agree on a child custody agreement that works for everybody, they may have to go to court to have family law matters decided. In most cases, the court will first have the parents go through mediation to work together on a schedule. If mediation does not work, the court may decide the custody and visitation arrangement.

How Do Judges Decide Child Custody

Family court judges must consider what is in the best interests of the child when determining custody. The court can consider several factors, including the child’s relationship with the parents, the parents’ work schedules, the child’s wishes, siblings and extended family, distance between parents, cooperation of the parents, safety and stability, and any other relevant factors. In most cases, judges emphasize making sure the child will spend time with both parents. To make this happen, a judge will likely want to know what each parent’s home environment is like, whether each parent will be able to give a child the proper attention, and in which situation the child will be most likely to thrive.

Taking Away Parental Rights

Parents can lose their parenting rights if the child is abused, abandoned, or in an unsafe environment. A parent or the state can petition for a termination of parental rights. The other parent will have a chance to respond in court to present their side of the story. Grounds for terminating parental rights include abuse, neglect, or abandonment.

Can I Change a Child Custody Order?

If both parents are unhappy with the current custody arrangement, you can negotiate a change to your agreement or modify the child custody order. If a family law judge feels that the changes are in the child’s best interests and benefits outweigh any negative impacts, then the court may modify the child custody order. If you want to change a child custody order and the other parent disagrees, you may need to show a substantial change in circumstances to justify the change. This could include one of the parents moving out of state, suffering from a disability or illness that affects their parenting ability, domestic violence, exposing the child to an unsafe environment, or having a change in work circumstances that requires rescheduling visitation.

What If My Ex Isn’t Paying Child Support?

It can be very difficult for a custodial parent to take proper care of their child if the other parent isn’t paying their fair share. However, in most cases, a parent’s failure to pay child support or spousal support is not enough to deny visitation. If your ex isn’t paying support, you can contact your North Dakota child support program to enforce child support orders.

How a North Dakota Child Custody Attorney Can Help

A family law attorney can help you resolve your custody legal issue and guide you through the process. Child custody lawyers can help you navigate the legal system, while avoiding costly mistakes or procedural errors. For legal advice on your custody issues, you should look for a family law firm with a practice area that focuses on North Dakota child custody cases like yours.

Top Questions to Ask When Hiring an Attorney

• How many years have you been practicing law? How long have you practiced law in the local area?
• How many cases similar to mine have you handled in the past?
• What is the likely outcome for my case?

In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.

Top Questions to Ask a Lawyer

• What is the usual process to resolve my case? How long will it take to resolve this?
• What are likely outcomes of a case like mine? What should I expect?

An experienced lawyer should be able to communicate a basic “road map” on how to proceed. The lawyer should be able to walk you through the anticipated process, key considerations, and potential pitfalls to avoid. Once you’ve laid out the facts of your situation to the lawyer, he/she should be able to frame expectations and likely scenarios to help you understand your legal issue.

How will an attorney charge me?

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:

• Bill by the hour
• Contingent fee agreement
• Flat fee agreement

Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.

Common legal terms explained

Plaintiff – a person or party who brings a lawsuit against another person(s) or party/parties in a court of law. Private persons or parties can only file suit in civil court.

Judgment – A decision of the court. Also known as a decree or order. Judgments handed down by the court are usually binding on the parties before the court.