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Modify Primary Residential Responsibility - No Agreement

IMPORTANT: ND Legal Self Help Center staff and court employees aren't allowed to give legal advice and can't help you complete these forms. If you're unsure how to proceed, consult a lawyer.

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.

You may use this packet of forms only if:

  1. Your North Dakota State District Court judgment awards primary residential responsibility (custody) to one parent; and
  2. You want the Court to modify your judgment so that:
    • Your judgment that currently awards one parent primary residential responsibility is modified to award equal residential responsibility to both parents, or
    • You judgment that currently awards one parent primary residential responsibility is modified to award primary residential responsibility to the other parent; and
  3. One of the following applies to your situation:
    • It has been 2 years or more since the original judgment or the most recently amended judgment was entered; or
    • Your current parenting plan allows for modification before two years have passed when an event or circumstance occurs, and the parent making the motion to modify says that the event or circumstance has occurred.

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 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 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. If an evidentiary hearing isn’t ordered by the judge or judicial referee, the motion is denied and primary residential responsibility isn’t modified.

Moving Party Forms (for the parent making the motion): 

Instructions Read before completing any forms

  1. Notice of Motion
  2. Motion
  3. Brief in Support of Motion
  4. Declaration in Support of Motion
  5. Declaration (Others in Support)
  6. Confidential Information Form
  7. Declaration of Service by Mail
  8. Evidence Worksheet for the Moving Party

Opposing Party Forms (for the parent who didn't make the motion):

Instructions Read before completing any forms

  1. Brief in Support of Answer to Motion
  2. Declaration in Support of Answer to Motion
  3. Declaration (Others in Support)
  4. Confidential Information Form
  5. Declaration of Service by Mail
  6. Evidence Worksheet for the Opposing Party

If the Judge or Judicial Referee orders an evidentiary hearing:

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.