NORTH DAKOTA
NPO AFFILIATE | ND
No Chapter Yet, Click Here to Sign Up To Lead!
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.
2022 NPO Child Support and Shared Parenting Shared Parenting Report Card
WHY DID NORTH DAKOTA RECEIVE A D?
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.