In North Dakota, like many states, there are certain residency requirements parents should meet before they can initiate a custody case. These rules ensure that the court has proper authority to decide over the case and address questions about what happens when circumstances fall outside the typical scenarios.
Whether you are a long-standing resident of North Dakota or have recently moved, understanding these nuances is crucial in preparing for any legal proceedings related to your child’s custody.
The “home state” rule
Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), you can file for your child’s custody in North Dakota if it is their home state. What does “home state” mean? This pertains to the last state a child has lived with at least one of the parents for six consecutive months immediately before the filing of the custody case.
With this rule, if you moved and resided in North Dakota with your child for less than six months, you will still have to file for custody in the state where your child last lived for at least six consecutive months.
Applying the rule under unique situations
While the home state rule is straightforward, unique circumstances may call for clarification. What if the child is a newborn and less than six months old? For children younger than six months, the home state is where the child has lived from birth with any parent.
There are also exceptions to the rule. You can forego the six-month rule if there is no home state, the home state has agreed to let North Dakota have the power to decide the custody case and in cases of emergencies. Note that these exceptions apply if they are in the best interests of the child and on a case-by-case basis.
Make informed decisions
Understanding the residency requirements and potential exceptions for child custody in North Dakota is crucial for any parent or guardian seeking custody. If you find yourself facing such a situation, guidance from a legal representative experienced in child custody can help you understand your situation and options.