Posted by DivorceLine in North Dakota Child Custody Laws
Custody may be awarded to either the father or the mother. For the purpose of custody, the best interests and welfare of the child is determined by the court’s consideration and evaluation of all factors affecting the best interests and welfare of the child. These factors include all of the following when applicable:
a) The love, affection, and other emotional ties existing between the parents and child.
b) The capacity and disposition of the parents to give the child love, affection, and guidance and to continue the education of the child.
c) The disposition of the parents to provide the child with food, clothing, medical care, or other remedial care recognized and permitted under the laws of this state in lieu of medical care, and other material needs.
d) The length of time the child has lived in a stable satisfactory environment and the desirability of maintaining continuity.
e) The permanence, as a family unit, of the existing or proposed custodial home.
f) The moral fitness of the parents.
g) The mental and physical health of the parents.
h) The home, school, and community record of the child.
i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
j) Evidence of domestic violence.
k) The interaction and interrelationship, or the potential for interaction and interrelationship, of the child with any person who resides in, is present, or frequents the household of a parent and who may significantly affect the child’s best interests. The court shall consider that person’s history of inflicting, or tendency to inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily injury, or assault, on other persons.
l) The making of false allegations not made in good faith, by one parent against the other, of harm to a child.
m) Any other factors considered by the court to be relevant to a particular child custody dispute.
[Based on North Dakota Century Code; Chapters 14-09-06.2]
