Domestic Violence and North Dakota Family Court

How ND family courts may evaluate domestic violence in custody cases.

Custody Basics

Custody refers to the legal rights and responsibilities a parent or guardian has regarding the care and control of a child. It is typically divided into two main types: physical custody, which determines where the child lives, and legal custody, which involves decision-making authority about the child's upbringing, including education, healthcare, and religion. Custody can be sole or joint, depending on the circumstances and what the court deems appropriate for the child’s welfare.

Best-Interest Considerations

When determining custody, courts prioritize the best interests of the child. This standard considers factors such as the child’s safety, emotional well-being, and stability. Courts evaluate each parent’s ability to provide a safe environment, maintain a positive relationship with the child, and meet the child’s physical and emotional needs. The presence of domestic violence or abuse may weigh heavily in these decisions to protect the child and survivor.

Evidence Survivors May Present

Survivors seeking custody can present a range of evidence to support their case, including testimony about abuse or threats, police and medical reports, restraining or protection orders, witness statements, and any documentation showing the abusive partner’s behavior patterns. Evidence demonstrating a safe and stable living environment, such as housing, employment, and community support, can also strengthen a survivor’s custody claim. For additional resources and support, survivors can visit dv.support.

Interaction with Protection Orders

Protection orders, also known as restraining orders, can influence custody arrangements by legally restricting an abuser’s contact with the survivor and the children. Courts may incorporate the terms of protection orders into custody and visitation agreements to enhance safety. However, a protection order alone does not grant or modify custody rights; survivors must still pursue custody through family court. Coordinating protection orders with custody proceedings helps ensure comprehensive safety planning for survivors and their children.