Modify Primary Custody (N.D. Court Orders Only)

Overview

Primary residential responsibility (custody) is one parent with more than 50% of the residential responsibility (custody) for the child(ren).  Primary residential responsibility (custody) isn't shared or equal residential responsibility (custody).

When a North Dakota state district court awards primary residential responsibility (custody) in a family law case, such as divorce, legal separation, or other action to establish parenting rights and responsibilities, either parent may ask the district court to modify which parent has primary residential responsibility (custody), or to change from primary residential responsibility to equal or shared residential responsibility, if certain requirements are met.

The parent asking to modify primary residential responsibility (custody) awarded in the current judgment must show, in writing, a prima facie case for modification.  The other parent may challenge the modification request, in writing.

The district court judge or judicial referee reviews the documents served and filed by the parent asking for modification and the documents served and filed by the other parent in response.

If the district court judge or judicial referee decides that the parent requesting modification established a prima facie case for modification, in writing, the court schedules an evidentiary hearing.

At the hearing, the parent asking to modify primary residential responsibility (custody) awarded in the current judgment has the burden of proving they meet all of the legal requirements for modification.

(“Prima facie case” isn't defined in the laws enacted by the North Dakota legilative process related to modifying primary residential responsibility (custody).  You need to research court opinions to define prima facie case and interpret for your circumstances.  Information about legal research is available in the forms and guides linked below.)

Forms and Guides for Modifying Primary Residential Responsibility (Custody)

North Dakota Legal Self Help Center forms aren’t official court forms and courts aren’t required to accept them. There’s no guarantee that all judges and courts will accept forms available through the Center. Use at your own risk.

Forms to modify primary residential responsibility (custody) awarded in your current judgment aren't available for every situation or circumstance.  If you don't find a form that suits your circumstances on this website, the form isn't 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.

Modifying Primary Residential Responsibility (Custody) Forms:

• Written Agreement to Modify Primary Residential Responsibility (Custody)
  
  • Both parents agree in writing to 100% of the modifications to primary residential responsibility (custody) awarded in the current North Dakota state district court judgment before filing with the court
• No Agreement to Modify Primary Residential Responsibility (Custody) – Forms for both parents
  • The parents don't agree to modifications to primary residential responsibility (custody) awarded in the current North Dakota state district court judgment

Modifying Primary Residential Responsibility (Custody) Research Guides:

• Modifying Primary Residential Responsibility
  
  • Provides a starting point for your legal research of the modifying primary residential responsibility (custody) form set suit your circumstances
  • Includes general information about the legal documents you create in order to bring a motion to modify primary residential responsibility (custody) awarded in your current North Dakota state district court judgment

Selected Statutes (Laws) & Rules

Following are legal research starting points related to modifying primary residential responsibility (custody) awarded in the current judgment. You may need to conduct additional legal research into your legal issue.  See the Legal Research Section of this website.

• Chapter 14-05 of the North Dakota Century Code
• Chapter 14-09 of the North Dakota Century Code
• Chapter 14-14.1 of the North Dakota Century Code
• Rule 3.2 of the North Dakota Rules of Court
• Rule 8.1 of the North Dakota Rules of Court
• Rule 8.3.1 of the North Dakota Rules of Court
• The North Dakota Rules of Civil Procedure
• The North Dakota Rules of Evidence

Other Resources

Following are other resources related to modifying primary residential responsibility (custody) awarded in a current judgment that may be of interest.

• Service Instructions and Forms
• Filing Fee Waiver Request
• Modify Visitation (N.D. Court Orders Only)
• Out-of State or Tribal Court Custody or Visitation Orders

If you don't understand any of this information, or if you have trouble filling out any of the forms located here, consult a lawyer.

The information provided on and obtained from this site doesn't 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 isn't 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.