Can I Move Out of State With My Child in North Dakota?
- Heartland
- Jun 14
- 3 min read
When life brings new opportunities—like a better job, new relationship, or family support network—it’s natural to consider moving. But if you're a parent, one major question arises: Can I move out of state with my child in North Dakota?
The answer depends on your custody arrangement and whether the other parent agrees to the relocation. Let’s walk through what North Dakota law says about moving out of state with your child.
Can I Move Out of State With My Child in North Dakota?
Under North Dakota Century Code § 14-09-07, if you have primary residential responsibility (often referred to as custody), you cannot move your child out of state without written permission from the other parent or a court order.
Even moves within North Dakota might need approval if they significantly affect the other parent’s parenting time.
When Do I Need Permission to Move?
You will need court or written approval if:
You want to move out of state with your child
Your move will interfere with the other parent’s ability to follow the current parenting schedule
Examples:
Moving from Minot to Montana = likely needs court approval
Moving from Bismarck to Fargo = might not, depending on parenting time impact
What If the Other Parent Says No?
If the other parent doesn’t consent, you must file a motion with the court. The judge will analyze several factors, including:
Benefits of the move (like job opportunities or support systems)
Your motives for relocating
The other parent’s reasons for opposing the move
Impact on your child’s relationship with the non-relocating parent
This legal test—known as the Stout-Hawkinson analysis—aims to determine what’s in the best interests of the child, not just the parent.
How to Prepare for a Relocation Request
Before packing any boxes, make sure you take these steps:
1. Review Your Court Order or Parenting Plan
It may include relocation restrictions or notice requirements.
2. Talk to the Other Parent
Start the conversation early. Written communication helps document the timeline and their response.
3. Get Legal Advice
An attorney can help you evaluate your situation and avoid costly missteps—especially if there’s potential for conflict.
4. Be Ready to Go to Court
If agreement isn’t possible, file a motion and be prepared to show how the move benefits your child.
What Happens If I Move Without Permission?
Relocating your child without the proper legal steps can seriously backfire. Consequences may include:
Being held in contempt of court
Losing custody or parenting rights
Criminal charges in some situations
North Dakota courts take parental relocation seriously—so should you.
Real-Life Examples from North Dakota
A mother in Bismarck won a relocation case to Minneapolis after showing better job prospects and strong family support
A father in Williston was denied a move to Wyoming because it would cut off regular contact with the child’s mother
These outcomes highlight how fact-specific relocation cases can be.
Frequently Asked Questions
What if the move is temporary?If it interferes with parenting time, it may still require consent or court approval.
What if the other parent is uninvolved?If they have no parenting rights or can’t be located, you might not need approval—but it’s safest to seek court authorization.
What if we share 50/50 custody?Neither parent can move the child without permission. Equal residential responsibility means equal legal weight in relocation decisions.
Need Legal Help With Moving Out of State With Your Child?
At Heartland Law Office, we’ve guided parents across North Dakota—from Fargo to Dickinson—through the complex process of custody and relocation. If you're considering a move, don’t risk your parental rights.
Schedule a consultation today to get answers and legal support tailored to your situation.
This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.
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