North Dakota · Custody—Parents Never Married

North Dakota
Jury Instructions.

Instructions for parents who were never married, focused on custody, parenting arrangements, and child support.

Divorce—with children Divorce—without children Parents never married

Interactive North Dakota worksheet

Custody decision map

0/13factors completed

Educational worksheet—not a verdict or legal advice. Apply the complete current law and case record. Domestic violence may control the analysis through a statutory presumption and is never reduced to a point score.

Step 1. Make a finding on every best-interest factor.

Select whom each factor favors, then state the evidence and reasoning. “Not applicable” still requires an explanation.

Factor 1 of 13

Emotional ties and parenting ability

The love, affection, and emotional ties between each parent and child, and each parent’s ability to provide nurture, love, affection, and guidance.

Who does this factor favor?

Reason based on the record

Factor 2 of 13

Basic care and a safe environment

Each parent’s ability to assure adequate food, clothing, shelter, medical care, and a safe environment.

Who does this factor favor?

Reason based on the record

Factor 3 of 13

Developmental needs

The child’s developmental needs and each parent’s ability to meet those needs now and in the future.

Who does this factor favor?

Reason based on the record

Factor 4 of 13

Stability and continuity

The sufficiency and stability of each home, the impact of extended family, the length of time the child has lived in each home, and the desirability of continuity in home and community.

Who does this factor favor?

Reason based on the record

Factor 5 of 13

Relationship with the other parent

Each parent’s willingness and ability to facilitate and encourage a close and continuing relationship between the other parent and child.

Who does this factor favor?

Reason based on the record

Factor 6 of 13

Moral fitness

The moral fitness of each parent, but only as it affects the child.

Who does this factor favor?

Reason based on the record

Factor 7 of 13

Mental and physical health

The mental and physical health of each parent, but only as it affects the child.

Who does this factor favor?

Reason based on the record

Factor 8 of 13

Home, school, and community record

The child’s record in the home, school, and community and the potential effect of a change.

Who does this factor favor?

Reason based on the record

Factor 9 of 13

Mature child’s preference

The reasonable preference of a child shown by clear and convincing evidence to have sufficient maturity, including whether improper influence affected that preference.

Who does this factor favor?

Reason based on the record

Factor 10 of 13

Domestic violence

Evidence of domestic violence. North Dakota law may create a rebuttable presumption in specified circumstances, so this factor cannot be treated as an ordinary point in a tally.

Safety checkpointIf the statutory presumption may apply, stop ordinary balancing and follow North Dakota’s required domestic-violence analysis.

Who does this factor favor?

Reason based on the record

Factor 11 of 13

Other people in the household

The child’s interaction with anyone who resides in, is present in, or frequently visits a parent’s household, including any history or tendency to harm others.

Who does this factor favor?

Reason based on the record

Factor 12 of 13

Bad-faith false allegations

False allegations, not made in good faith, by one parent against the other of harm to the child.

Who does this factor favor?

Reason based on the record

Factor 13 of 13

Other relevant considerations

Any other factor the decision-maker finds relevant to the custody decision.

Who does this factor favor?

Reason based on the record

13 factors still need a selection and explanation.

Legal source: North Dakota Century Code §§ 14-09-06.2, 14-09-29, 14-09-30, and 14-09-31. Confirm that the law is current before use in any live matter.

Auto-populated verdict document

North Dakota parenting-plan builder

Make each finding below. The draft plan updates automatically using North Dakota terminology. Review every provision against current law and the child’s circumstances.

Original educational drafting tool. This is not Samantha Boss material, an official court form, or legal advice. A safety restriction requires the findings and procedures mandated by controlling law.

Children and existing arrangementChild or children covered by this planCurrent parenting arrangement and existing orderChild-specific needs

Core custody findingslegal custodyResidential resultRegular schedule

Transitions and calendarExchange arrangementLate-notice thresholdminutesHolidaysSummer and vacations

Distance-based school-year and summer schedule

The recommendation changes automatically as the travel and school inputs change. Jurors must still explain why the result serves this child’s best interests.

Distance between homesmilesOne-way travel timeminutesSame school district?Child’s ageCommercial flight required?Summer weeks available to non-primary parentSummer school, childcare, camps, and activity constraintsWhy this school-year and summer allocation is appropriate

Calculated recommendation

The homes are close enough for regular school-week transitions. Use the selected regular schedule, including weekday time when consistent with school attendance. Summer generally continues that schedule, with up to two uninterrupted vacation weeks for each parent.

Transportation findingsPickup and drop-off responsibilityTransportation costsAuthorized driversVehicle and child-restraint safetySchool, childcare, medical, and activity transportationSevere weather or unsafe roadsLong-distance travel and airfareMissed or substantially late exchange

Communication and careParent–child contactParent communication methodSchool provisionMedical provisionActivities

Conflict-prevention provisionsRight of first refusalTravel noticeExpense allocationDispute process

Safety findingsRestrictionCase-specific or custom termsBest-interest findings supporting the plan

Domestic violence and child safety — N.D.C.C. §§ 14-09-06.2, 14-05-22

A qualifying domestic-violence finding triggers a rebuttable presumption against specified custody or residential arrangements.

Was qualifying domestic violence found?

Live juror-generated draftNorth Dakota Parenting Plan

NORTH DAKOTA — JUROR-GENERATED PARENTING PLAN

CHILDREN AND CURRENT ARRANGEMENT
[Juror must identify the child or children using only information permitted in the record.]
Current custody, parenting-time arrangement, and existing orders: [Juror must describe the current arrangement and controlling order.]
Child-specific developmental, medical, educational, disability, cultural, sibling, or other needs: None identified in the submitted record.

DOMESTIC-VIOLENCE CUSTODY OVERRIDE
The general selections below are superseded to the extent they conflict with this safety determination. Party A is not designated the primary residential parent and is not granted sole decision-making authority unless the finder enters legally sufficient rebuttal findings under N.D.C.C. §§ 14-09-06.2, 14-05-22. Party B is designated primary and has sole major decision authority during the initial supervised phase, subject to current North Dakota law and further order.

1. DECISION-MAKING
The parents shall exercise joint legal custody. They must confer in good faith before major non-emergency decisions concerning education, non-emergency health care, and significant activities. Neither parent has unilateral authority unless this plan expressly provides otherwise.

2. RESIDENCE AND REGULAR SCHEDULE
Neither parent is designated primary except as required for administrative purposes. The regular physical custody and parenting time schedule shall be: Alternating weeks. Each parent shall ensure the child is ready on time with necessary schoolwork, medication, clothing, and equipment.

3. EXCHANGES
Exchanges occur at School or childcare when open; otherwise curbside at the receiving parent’s home. A delay exceeding 24 minutes must be communicated promptly through a court-approved co-parenting application. Neither parent shall use the child to carry messages, money, or disputed property.

3A. TRANSPORTATION
The parent beginning parenting time picks up the child. Each parent pays ordinary local transportation costs during that parent’s time. Authorized drivers: A parent or another licensed, insured adult known to the child. Every driver must use a legally compliant vehicle, seat belt, and age-appropriate child restraint. The scheduled parent is responsible for timely school, childcare, medical, and activity transportation. Weather or unsafe-road procedure: The parents will promptly communicate and use reasonable safety judgment; a dangerous-road cancellation is rescheduled when practical. Long-distance transportation: The parents equally divide agreed airfare or other long-distance transportation costs. Missed-exchange procedure: The delayed parent gives immediate notice; after 30 minutes without agreement, the waiting parent may leave and the missed time is not automatically forfeited or made up.

DOMESTIC-VIOLENCE SAFETY FINDING
No qualifying domestic violence was found on the submitted record.

DISTANCE-BASED SCHOOL-YEAR AND SUMMER FINDING
The parents live approximately 10 miles or 20 minutes apart. Same school district: Yes. Commercial flight required: No. Child age used for planning: 8. The homes are close enough for regular school-week transitions. Use the selected regular schedule, including weekday time when consistent with school attendance. Summer generally continues that schedule, with up to two uninterrupted vacation weeks for each parent. Summer constraints: No summer school; preserve agreed camps and activities. Finding supporting this allocation: [juror must explain why the schedule is practical and in the child’s best interests]. This recommendation is subordinate to any domestic-violence restriction and current North Dakota law.

4. HOLIDAYS AND SCHOOL BREAKS
Alternate major holidays annually and divide winter break equally. Holiday time controls over the regular schedule. Continue the regular schedule with two uninterrupted vacation weeks per parent.

5. PARENT–CHILD COMMUNICATION
Reasonable private phone or video contact when the child is with the other parent. Communications must be developmentally appropriate, private, and not monitored or interrupted absent a specific safety need.

6. PARENT COMMUNICATION AND RECORDS
Parents shall use a court-approved co-parenting application for non-emergency child-related communication. Messages must be brief, factual, and child-focused. Both parents shall have direct access to educational, medical, activity, and childcare records unless restricted by law or court order.

7. SCHOOL
Current school unless both parents agree in writing or the court orders otherwise. Each parent shall timely share school notices, schedules, report cards, and conference information.

8. HEALTH CARE
Either parent may obtain routine care; joint consent for non-emergency major treatment. A parent obtaining emergency care shall notify the other parent as soon as reasonably possible and provide discharge instructions and prescriptions.

9. ACTIVITIES
Joint written agreement before enrolling the child in an activity affecting the other parent’s time or finances. The enrolling parent must provide schedules and provider contact information.

10. CHILDCARE AND RIGHT OF FIRST REFUSAL
Before using a non-household childcare provider for more than 8 hours, the scheduled parent shall offer the other parent the opportunity to care for the child, with a reasonable response deadline. School, ordinary childcare, emergencies, and agreed activities are excluded.

11. TRAVEL AND RELOCATION
Written itinerary and contact information at least 14 days before out-of-state overnight travel. Passports and travel documents shall be made reasonably available. Any relocation is governed by North Dakota law and cannot be authorized by this draft alone.

12. CHILD-RELATED EXPENSES
Unreimbursed agreed child expenses divided in proportion to the child-support income shares. A reimbursement request must include proof of payment and be sent within 30 days; reimbursement is due within 30 days after receipt unless disputed in writing.

13. SAFETY AND RESTRICTIONS
No special parenting-time restriction is imposed.

14. DISPUTE RESOLUTION
Written proposal, seven-day response, then mediation unless emergency relief is required. This process does not prevent either parent from seeking emergency protection or reporting suspected abuse.

15. ADDITIONAL TERMS
None.

FINDINGS SUPPORTING THIS PLAN
[Juror must complete the best-interest worksheet and connect those findings to the parenting-plan terms.]

Built-in child-support calculator

North Dakota presumptive guideline amount.

Jurors make each factual finding below. The calculation then applies the cited state rules and shows every material step.

Versioned legal model: N.D. Admin. Code ch. 75-02-04.1 effective July 1, 2023; current official schedule. Exceptions, disputed income, imputation, deviations, and unusual family structures require the additional findings flagged below.

1. Residential-responsibility findings

Residential responsibilityParent with primary residential responsibilityChildren in this calculationSplit: children primarily with Parent ASplit: children primarily with Parent B

2. Parent A monthly gross-income findings

Use annualized income divided by twelve. Self-employment income ordinarily uses the required multi-year averaging rules.

Wages, salary, recurring overtime, commissions, bonuses$Guideline net income from self-employment$Taxable/eligible benefits and retirement distributions$Other guideline gross income, gifts, in-kind income, and support received$Court-imputed earning-capacity income$

3. Parent B monthly gross-income findings

Use annualized income divided by twelve. Self-employment income ordinarily uses the required multi-year averaging rules.

4. Parent A permitted monthly deductions

Enter the hypothetical tax and other deduction amounts determined under § 75-02-04.1-01(6). State tax is generally 11% of the hypothetical federal obligation.

Hypothetical federal income tax (single filer)$Hypothetical North Dakota tax (11% of federal)$Hypothetical FICA/RRTA/Medicare/self-employment tax$Allocated health/dental/vision premium for these children$Continuing actual medical expenses for these children$Required union dues and occupational-license fees$Required employee retirement contribution$Allowed documented employee expenses/reimbursements$

5. Parent B permitted monthly deductions

Enter the hypothetical tax and other deduction amounts determined under § 75-02-04.1-01(6). State tax is generally 11% of the hypothetical federal obligation.

6. Parent A other-family, parenting-time, and benefit findings

For other obligees, enter the total hypothetical guideline obligations calculated before multiple-family averaging. Enter overnights separately for each child; only a court-ordered schedule over 100 nights for that child receives the statutory adjustment.

Other children living with Parent AHypothetical support due all other obligees$Annual overnights with child 1Annual overnights with child 2Annual overnights with child 3Annual overnights with child 4Annual overnights with child 5Annual overnights with child 6Derivative children’s benefit paid on Parent A’s account$

7. Parent B other-family, parenting-time, and benefit findings

Other children living with Parent BHypothetical support due all other obligees$Annual overnights with child 1Annual overnights with child 2Annual overnights with child 3Annual overnights with child 4Annual overnights with child 5Annual overnights with child 6Derivative children’s benefit paid on Parent B’s account$

8. Deviation and additional-expense findings

North Dakota’s base formula does not automatically add childcare, school activities, or similar expenses. The court may apportion specific expenses in addition to equal-responsibility support or deviate only under the listed rule criteria.

Court orders a rebuttal, additional expense, or above-table amountCourt-found payerCourt-found final monthly amount$Best-interest and specific rebuttal findings completed

Calculated presumptive obligation

Parent B pays$590.00/month

Parent A monthly net incomeGross income $4000.00 less $0.00 permitted deductions.$4000.00

Parent B monthly net incomeGross income $3000.00 less $0.00 permitted deductions.$3000.00

Parent A guideline obligationOfficial schedule after applicable multiple-family and parenting-time rules.$748.00

Parent B guideline obligationOfficial schedule after applicable multiple-family and parenting-time rules.$590.00

Final monthly obligationObligor-only schedule after any multiple-family average, extended-parenting-time adjustment, and derivative-benefit credit.$590.00

Authority: N.D. Admin. Code §§ 75-02-04.1-01 through -10 and N.D.C.C. § 14-09-09.7 · N.D. Admin. Code ch. 75-02-04.1 effective July 1, 2023; current official schedule

Resolve every warning and confirm the findings before printing.

Instruction modules

Two central decisions.

Jurors complete the applicable modules independently before deliberation. Every material conclusion must identify the evidence and legal standard relied upon.

Custody & parenting

Apply every required best-interest factor and produce a complete, workable parenting plan when children are involved.

Address each statutory best-interest factor
Determine legal custody or decision-making
Set the regular residential schedule
Allocate holidays, school breaks, and transportation
Address communication, exchanges, and information sharing
State the evidence supporting each material finding

North Dakota authority is listed in the factor worksheet aboveStatutes · court rules · official worksheets · controlling decisions · definitions

Child support

Determine the supported factual inputs before applying the state’s current child-support calculation.

Determine each parent’s income under state law
Resolve parenting-time inputs
Address health insurance and unreimbursed expenses
Address childcare and permitted adjustments
Apply the current state formula
Explain any legally permitted deviation

Additional North Dakota authorities to be insertedStatutes · court rules · official worksheets · controlling decisions · definitions

Required case-specific attachments

Every final instruction packet should include:

□01Verified current state authorities

□02Definitions used in the jurisdiction

□03Complete factor-by-factor verdict forms

□04Current support worksheet or calculator output

□05Case-specific stipulated and disputed facts

□06Effective date and legal-review notation

North DakotaJury Instructions.

Custody decision map

Step 1. Make a finding on every best-interest factor.

Emotional ties and parenting ability

Basic care and a safe environment

Developmental needs

Stability and continuity

Relationship with the other parent

Moral fitness

Mental and physical health

Home, school, and community record

Mature child’s preference

Domestic violence

Other people in the household

Bad-faith false allegations

Other relevant considerations

North Dakota parenting-plan builder

North Dakota presumptive guideline amount.

1. Residential-responsibility findings

2. Parent A monthly gross-income findings

3. Parent B monthly gross-income findings

4. Parent A permitted monthly deductions

5. Parent B permitted monthly deductions

6. Parent A other-family, parenting-time, and benefit findings

7. Parent B other-family, parenting-time, and benefit findings

8. Deviation and additional-expense findings

Two central decisions.

Custody & parenting

Child support

Every final instruction packet should include:

North Dakota
Jury Instructions.