Can You Modify a Custody Order in North Dakota?

When life changes, your custody arrangement might need to change too. But modifying a custody order in North Dakota isn’t as simple as filing a new schedule—it requires meeting specific legal standards and timing requirements.

Whether you’re dealing with a new job, concerns about your child’s wellbeing, or one parent relocating, here’s what you need to know about seeking a custody modification in North Dakota.

Understanding the Basics of Custody in ND

In North Dakota, what many people call "custody" is legally referred to as "residential responsibility" and "decision-making responsibility." These are typically spelled out in a parenting plan ordered by the court during divorce or separation.

The court’s main focus is always the best interests of the child—not just the convenience of the parents.

When Can You Modify a Custody Order?

You can't request a change just because you're unhappy with the current arrangement. North Dakota law places limits on how and when custody can be modified, particularly if the original order was for equal residential responsibility (i.e., 50/50 custody).

Under N.D.C.C. § 14-09-06.6, here’s when a modification may be possible:

1. After Two Years

Generally, a parent can seek a modification after two years from the date of the most recent custody order if there's been a material change in circumstances and the change would serve the child’s best interests.

Examples of a material change might include:

• A parent’s relocation

• A significant change in a child’s needs

• A parent’s new work schedule that affects parenting time

• Serious issues like substance abuse or criminal behavior

2. Before Two Years

If it's been less than two years, the bar is higher. The court will only consider a request for modification if:

• The child’s environment may endanger their physical or emotional health or impair their development

• A custodial parent has moved more than 50 miles away without permission

• A parent has willfully and persistently denied parenting time to the other parent

This stricter standard is meant to protect children from constant legal disputes and instability.

How Do You Request a Custody Modification?

Here’s the basic process:

1. File a Motion with the district court that issued the original custody order

2. Serve the Other Parent with notice of the motion

3. Provide Evidence of a material change in circumstances

4. Attend a Hearing, where both sides present arguments

5. The judge decides whether modification is warranted based on the best interests of the child

Courts may also require mediation before a hearing can take place, especially if both parents are actively involved.

What Judges Look For

North Dakota courts follow the best interests factors outlined in N.D.C.C. § 14-09-06.2. These include:

• Emotional ties between parent and child

• Ability to meet the child’s developmental needs

• Stability of each parent’s home environment

• Moral fitness and mental/physical health of the parents

• Evidence of abuse or domestic violence

• Each parent’s willingness to foster a relationship with the other parent

Simply wanting more time with your child or disagreeing with the other parent’s rules usually isn’t enough.

Realistic Example: A Move from Minot to Fargo

Let’s say a mother living in Minot is awarded equal residential responsibility with the father, who lives nearby. A year later, she gets a job in Fargo and wants to move with the child.

Because it’s been less than two years, and the move is over 50 miles away, the court could consider a motion to modify under the exception in § 14-09-06.6. But she’d still need to show that the move is in the child’s best interests—and not just a personal convenience.

Final Thoughts

Custody orders aren’t written in stone—but they’re not easy to change either. If you're considering a modification, it’s important to:

• Understand the timing restrictions

• Document the changes in circumstances

• Stay focused on the child’s best interests

• Consult a knowledgeable family law attorney who can guide you through the process

At Heartland Law Office, we’ve helped parents throughout North Dakota—whether in Bismarck, Minot, Williston, or on tribal lands—navigate custody modifications with confidence and care.

Ready to Talk About Modifying a Custody Order?

Contact Heartland Law Office today for a confidential consultation. We’ll help you understand your rights, your options, and your next steps.

Call us at 701-JUSTICE or visit our Family Law page to learn more.

Disclaimer:This article is for informational purposes only and does not constitute legal advice. Always consult with a licensed attorney regarding your specific situation.