North Dakota Divorce With Children — Custody and Child Support (2026)

North Dakota District Court applies the "best interests of the child" standard in all custody determinations (NDCC § 14-09-06.2).

North Dakota Custody Framework

Legal Custody

• Joint legal custody: Both parents share major decisions — preferred when parents can cooperate
• Sole legal custody: One parent has decision-making authority — when cooperation is impractical or domestic violence is present

Physical Custody (Primary Residence)

• Primary physical custody: Child lives primarily with one parent; other parent has parenting time
• Shared physical custody: Substantial time with each parent

Best Interests of the Child — North Dakota Factors (NDCC § 14-09-06.2)

North Dakota courts consider all relevant factors, including:

1. The love, affection, and emotional ties between each parent and child
2. Each parent's ability to give the child love, affection, and guidance
3. Each parent's ability to provide material needs — food, clothing, shelter, medical care
4. The mental and physical health of the parents
5. The home environments offered
6. The permanency of the proposed home
7. The willingness of each parent to facilitate the child's relationship with the other parent
8. Geographic distance between the parents' homes
9. History of domestic abuse
10. The child's preference (if of sufficient age and maturity)
11. Any other relevant factor

Domestic violence: NDCC § 14-09-06.2(j) — domestic violence history is a specific statutory factor with significant weight.

Parenting Plan — Required

A comprehensive Parenting Plan must be filed with the Separation Agreement and Complaint. It must address:

• Legal custody designation (joint or sole)
• Primary residence and regular parenting schedule
• Holiday and vacation schedule
• Healthcare decision-making and access to medical records
• Educational decisions and information sharing
• Transportation and exchange logistics
• Communication between parents
• Relocation provisions
• Dispute resolution (mediation before court)

North Dakota Child Support Guidelines

North Dakota uses an income shares model:

1. Determine both parents' gross monthly income from all sources
2. Apply allowable deductions
3. Combined income → ND Child Support Schedule
4. Allocate proportionally between parents
5. Adjust for health insurance, childcare, parenting time

Health insurance: One parent designated to carry coverage; premium factored into calculation.

Duration: North Dakota child support generally continues to age 18 or through high school graduation (not to exceed 19).

Income Withholding Order: Routinely issued with every support order.

Last reviewed: March 2026 | NDCC § 14-09-06.2 best interests | Joint legal custody preferred | Parenting Plan filed with Complaint | Income shares child support | Support ends at 18/HS graduation (max 19) | Domestic violence: substantial weight | District Court — filing county | ndcourts.gov/legal-self-help/family-law/divorce

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.