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Relocating a Child Out-of-State (N.D. Court Orders Only)

Overview

North Dakota State District Court Orders Granting Residential Responsibility (Custody):

When a parent granted primary residential responsibility by a North Dakota state district court wishes to relocate the residence of their children out of the state of North Dakota, that parent must have 1) the consent of the other parent (if the other parent was granted parenting time); or 2) an order from a North Dakota district court.

  • An order of a North Dakota district court is not required if 1) the other parent has not exercised parenting time for one year; or 2) has moved to another state and is more than 50 miles from the parent with primary residential responsibility.

When a parent granted equal residential responsibility by a North Dakota district court wishes to relocate the residence of their children out of the state of North Dakota, that parent must have 1) the consent of the other parent; or 2) an order from a North Dakota district court.

When the parent who wants to relocate with the children does not already have primary residential responsibility, that parent may first be required to prove to the court that the residential responsibility order should be modified to grant the relocating parent primary residential responsibility.

Non-North Dakota State District Court Orders Granting Residential Responsibility (Custody):

North Dakota state district courts cannot modify a residential responsibility (custody) order granted by a non-North Dakota court, unless certain legal requirements are met.

For all information available through the North Dakota Legal Self Help Center, see Out-of-State or Tribal Custody or Visitation Orders in the Family Law section of this website.

When No Court Has Granted Residential Responsibility (Custody):

You will need to research your legal rights and responsibilities related to relocating children out of North Dakota when no court has established residential responsibility (custody) and parenting time (visitation) between the parents.

Information about conducting your own legal research is available in the Legal Research section of this website.  You may wish to consult an attorney licensed to practice in North Dakota.

Guides for Relocating a Child Out-Of-State

Forms are not available for every legal issue or circumstance.  If you do not find the form on this website, the form is not available through the North Dakota Legal Self Help Center.

You may need to create legal documents yourself.  The General-Use forms in the District Court Civil Action Section of this website may be used as a starting point for creating your own legal documents.

Research Guides:

Selected Statutes (Laws) & Rules

Following are legal research starting points related to relocating children out of North Dakota. You may need to conduct additional legal research into your legal issue.  See the Legal Research Section of this website.

Other Resources

Following are other resources related to relocating children out of North Dakota proceedings that may be of interest.

If you do not understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.

The information provided on and obtained from this site does not constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court is not liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.