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Out-of-State or Tribal Court Custody or Visitation Orders

Overview of North Dakota’s Uniform Child Custody Jurisdiction and Enforcement Act

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides procedures for courts of different states and tribes to determine which state or tribe has the authority, commonly known as jurisdiction, to make decisions about child custody and visitation.  To date, 49 states have enacted a version of the UCCJEA.  The North Dakota State Legislature enacted North Dakota’s version of the UCCJEA in 1999.

North Dakota’s version of the UCCJEA allows a North Dakota state district court to recognize, enforce, and, if certain legal requirements are met, modify an out-of-state or tribal court custody or visitation order.

Register an Out-of-State Court or Tribal Court Custody or Visitation Order:

When an out-of-state court or tribal court issues an order governing the legal custody, physical custody, or visitation of a minor child, a person granted custody or visitation in the order may ask a North Dakota state district court to register the order.

Registration allows the North Dakota courts to recognize that the out-of-state court or tribal court order exists, and that the order is in effect and the most current.  Registration is the first step before making other requests related to the registered order, such as enforcing the custody or visitation provisions.

On its own, registration doesn't transfer the entire case to North Dakota.  The entire case remains with the out-of-state court or tribal court until the out-of-state court or tribal court says they give up their authority (jurisdiction), and a North Dakota state district court says they’ll take over authority (jurisdiction).

Enforcement of an Out-of-State Court or Tribal Court Custody or Visitation Order:

A person granted custody or visitation in an out-of-state court or tribal court order may ask a North Dakota state district court to enforce the order.  The North Dakota state district court may enforce the current custody and visitation provisions of the order.

In general, the North Dakota state district court can't make changes to the custody or visitation provisions as part of a request for enforcement.  There are limited exceptions for temporary emergency orders or temporary visitation orders.

Registration of the out-of-state court or tribal court order is required.  If the order hasn't already been registered, the person requesting enforcement may request registration at the same time.

Modify of an Out-of-State or Tribal Court Custody or Visitation Order:

A North Dakota state district court may modify an out-of-state court or tribal court custody or visitation order only if:

  • North Dakota is the home state of the child before the start of the custody proceeding, or was the home state of the child within six months before the start of the custody proceeding, and the child is absent from North Dakota but a parent or person acting as a parent continues to live in North Dakota;

OR

  • A court of another state or tribe doesn't have jurisdiction as the home state, or a court of the home state of the child has decided not to exercise jurisdiction on the ground that North Dakota is the more appropriate forum, and (1) the child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with North Dakota other than mere physical presence, and (2) substantial evidence is available in North Dakota concerning the child's care, protection, training, and personal relationships.

In order for a North Dakota state district court to modify an out-of-state court or tribal court custody or visitation order, both the North Dakota state district court and the out-of-state court or tribal court need to agree that North Dakota should take over authority (jurisdiction) of the entire case.

Modifying the order may only happen after a North Dakota state district court takes over authority (jurisdiction) of the entire case.

Guides for Out-of-State Court or Tribal Court Custody or Visitation Orders

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 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.

Informational Guides:

Selected Statutes (Laws) & Rules

Following are legal research starting points related to out-of-state court or tribal court custody or visitation order proceedings. 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 out-of-state court or tribal court custody or visitation order proceedings that may be of interest.

If you don't 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 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.