Modify Visitation (N.D. Court Orders Only)

Overview

When a North Dakota state district court awards parenting time (visitation) in a family law case, such as divorce, legal separation, or other action to establish parenting rights and responsibilities (custody), either parent may ask the court to modify, or amend, parenting time (visitation) in the existing case.

The parent asking for modifications to parenting time (visitation) in the current order makes the request in a written motion to the court.  The other parent may respond to the modification request by answering the motion in writing.

Motions are designed to be decided on only the documents filed with the court, without an in-person hearing.  However, either parent may ask for a hearing as part of their written motion, or as part of their written answer to the motion.

If the deadline for requesting a hearing passes, and neither parent made the request for a hearing, the court decides the motion to modify parenting time (visitation) based solely on the written documents filed with the court.

Forms and Guides for Modifying Parenting Time (Visitation)

Forms to modify parenting time (visitation) are not available for every situation or circumstance.  If you do not find a form that suits your circumstances 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.

Modifying Parenting Time (Visitation) Forms:

• No Agreement to Amend Parenting Time (Visitation) - Forms for both parents
  • The parents do not agree to amendments or modifications to the parenting time (visitation) provisions in the current North Dakota state court order

Selected Statutes (Laws) & Rules

• 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
• The North Dakota Rules of Civil Procedure
• The North Dakota Rules of Evidence

Other Resources

Following are other resources related to modifying parenting time (visitation) proceedings that may be of interest.

• Service Instructions and Forms
• Modify Primary Custody
• Filing Fee Waiver Request

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.