N.D. Cent. Code § 14-03-13 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-13
14-03-13. Standard serological test defined
Status: repealed

14-03-13. Standard serological test defined

Repealed by S.L. 1983, ch. 175, § 3.
N.D. Cent. Code § 14-02.1-11 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-11
14-02.1-11. General penalty
Status: in_force

14-02.1-11. General penalty

A person violating any provision of this chapter for which another penalty is not specifically

prescribed is guilty of a class A misdemeanor. Any person willfully violating a rule or regulation

promulgated under this chapter is guilty of an infraction.
N.D. Cent. Code § 14-12.2-26 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-26
14-12.2-26. (314) Limited immunity of petitioner
Status: in_force

14-12.2-26. (314) Limited immunity of petitioner

1. Participation by a petitioner in a proceeding under this chapter before a responding

tribunal, whether in person, by private attorney, or through services provided by the

support enforcement agency, does not confer personal jurisdiction over the petitioner

in another proceeding.

2. A petitioner is not amenable to service of civil process while physically present in this

state to participate in a proceeding under this chapter.

3. The immunity granted by this section does not extend to civil litigation based on acts

unrelated to a proceeding under this chapter committed by a party while physically

present in this state to participate in the proceeding.
N.D. Cent. Code § 14-13-05 — ND Code / Title 14 / Chapter 14-13 / Section 14-13-05
14-13-05. Inspection and supervision in other state
Status: in_force

14-13-05. Inspection and supervision in other state

Any requirements for visitation, inspection, or supervision of children, homes, institutions, or

other agencies in another party state which may apply under chapter 50-11 must be deemed to

be met if performed pursuant to an agreement entered into by appropriate officers or agencies

of this state or a subdivision thereof as contemplated by paragraph 2 of article V of the

Interstate Compact on the Placement of Children.
N.D. Cent. Code § 14-05-25 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-25
14-05-25. Security for alimony - Disposition of homestead
Status: in_force

14-05-25. Security for alimony - Disposition of homestead

The court may require either party to give reasonable security for providing maintenance or

making any payments required under the provisions of this chapter and may enforce the same

by appointment of a receiver or by any other remedy applicable to the case. When either the

husband or the wife has a separate estate sufficient to give a proper support, the court in its

discretion may withhold any allowance to that person out of the separate property of the other

spouse. The court, in rendering the decree of divorce, may assign the homestead or such part

thereof as to the court may seem just, to the innocent party, either absolutely or for a limited

period, according to the facts in the case and in consonance with the law relating to

homesteads. The disposition of the homestead by the court, and all orders and decrees

touching the alimony and maintenance of either party to a marriage and for the custody,

education, and support of the children are subject to revision on appeal in all particulars,

including those which are stated to be in the discretion of the court.
N.D. Cent. Code § 14-18-01 — ND Code / Title 14 / Chapter 14-18 / Section 14-18-01
14-18-01. Definitions
Status: in_force

14-18-01. Definitions

As used in this chapter:

1. "Assisted conception" means a pregnancy resulting from insemination of an egg of a

woman with sperm of a man by means other than sexual intercourse or by removal

and implantation of an embryo after sexual intercourse but does not include a

pregnancy resulting from the insemination of an egg of a wife using her husband's

sperm.

2. "Gestational carrier" means an adult woman who enters into an agreement to have an

embryo implanted in her and bear the resulting child for intended parents, where the

embryo is conceived by using the egg and sperm of the intended parents.

3. "Surrogate" means an adult woman who enters into an agreement to bear a child

conceived through assisted conception for intended parents.
N.D. Cent. Code § 14-07.4-02 — ND Code / Title 14 / Chapter 14-07.4 / Section 14-07.4-02
14-07.4-02. Judicial enforcement of order
Status: in_force

14-07.4-02. Judicial enforcement of order

1. A tribunal of this state shall enforce the terms of a valid foreign protection order,

including terms that provide relief that a tribunal of this state would lack power to

provide but for this section. A tribunal of this state shall enforce a valid foreign

protection order issued by a tribunal, whether the order was obtained by independent

action or in another proceeding, if it is an order issued in response to a complaint,

petition, or motion filed by or on behalf of an individual seeking protection. A tribunal of

this state may not enforce an order issued by a tribunal that does not recognize the

standing of a protected individual to seek enforcement of the order.

2. A tribunal of this state shall enforce the provisions of a valid foreign protection order

which governs custody and visitation. The custody and visitation provisions of the

order must have been issued in accordance with the jurisdictional requirements

governing the issuance of custody and visitation orders in the issuing state.

3. A protection order is valid if it:

a. Identifies the protected individual and the respondent;

b. Is currently in effect;

c. Was issued by a tribunal that had jurisdiction over the parties and matter under

the law of the issuing state; and

d. Was issued after the respondent was provided with reasonable notice and had an

opportunity to be heard before the tribunal issued the order or, in the case of an

order ex parte, the respondent was given notice and has had or will have an

opportunity to be heard within a reasonable time after the issuing of the order, in

a manner consistent with the rights of the respondent to due process.

4. A person authorized under the law of this state to seek enforcement of a foreign

protection order establishes a prima facie case for its validity by presenting an order

valid on its face.

5. Absence of any of the criteria for validity of a foreign protection order is an affirmative

defense in an action seeking enforcement of the order.

6. A tribunal of this state may enforce the provisions of a mutual foreign protection order

which favor a respondent only if:

a. The respondent filed a written pleading seeking a protection order from the

tribunal of the issuing state; and

b. The tribunal of the issuing state made specific findings in favor of the respondent.
N.D. Cent. Code § 14-08-09 — ND Code / Title 14 / Chapter 14-08 / Section 14-08-09
14-08-09. Aid of court available to recipients of support
Status: repealed

14-08-09. Aid of court available to recipients of support

Repealed by S.L. 1989, ch. 148, § 36.
N.D. Cent. Code § 14-07-08 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-08
14-07-08. Separate and mutual rights and liabilities of husband and wife
Status: in_force

14-07-08. Separate and mutual rights and liabilities of husband and wife

The separate and mutual rights and liabilities of a husband and a wife are as follows:

1. Neither the husband nor the wife as such is answerable for the acts of the other.

2. Except for necessary expenses as provided in subsection 3, the earnings of one

spouse are not liable for the debts of the other spouse, and the earnings and

accumulations of either spouse and of any minor children living with either spouse or

in one spouse's custody, while the husband and wife are living separate from each

other, are the separate property of each spouse.

3. Except for abandonment as provided in section 14-07-11, the husband and wife are

liable jointly and severally for any debts contracted by either for necessary household

supplies of food, clothing, and fuel, medical care, and for shelter for themselves and

family, and for the education of their minor children.

4. The separate property of the husband or wife is not liable for the debts of the other

spouse but each is liable for their own debts contracted before or after marriage.
N.D. Cent. Code § 14-02.5-31 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-31
14-02.5-31. Administrative hearing
Status: in_force

14-02.5-31. Administrative hearing

1. If a timely election is not made under section 14-02.5-30, the department shall provide

for a hearing on the charge. The attorney general, at the request of and on behalf of

the department, may participate in and advocate in favor of the department's finding of

probable cause. The aggrieved person may be represented by private counsel. Except

as provided in this section, chapter 28-32 governs a hearing and an appeal of a

hearing. A hearing under this section on an alleged discriminatory housing practice

may not continue after the beginning of the trial of a claim for relief commenced by the

aggrieved person under federal or state law seeking relief with respect to the

discriminatory housing practice.

2. If a claim filed by an aggrieved person proceeds to a hearing, the aggrieved person is

a party in the hearing. Neither the department nor the attorney general represents an

aggrieved person at a hearing under this chapter. The attorney general, at the request

of and on behalf of the department, may participate in the hearing and advocate in

favor of the department's finding of probable cause. The aggrieved person may be

represented by private counsel in any action or proceeding under this chapter.

3. If a claim filed by the department proceeds to a hearing, the department is a party in

the hearing. The attorney general represents the department in any action or

proceeding under this chapter.
N.D. Cent. Code § 14-07.7-15 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-15
14-07.7-15. Nonexclusive remedy
Status: in_force

14-07.7-15. Nonexclusive remedy

Any proceeding under this chapter may be in addition to other civil or criminal remedies.
N.D. Cent. Code § 14-18-09 — ND Code / Title 14 / Chapter 14-18 / Section 14-18-09
14-18-09. Responsibility of intended parents for pregnancy-related costs
Status: in_force

14-18-09. Responsibility of intended parents for pregnancy-related costs

The costs of pregnancy-related services, including labor and delivery services, incurred by a

surrogate or gestational carrier as defined by section 14-18-01 are the responsibility of the

intended parents.
N.D. Cent. Code § 14-09.3-16 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-16
14-09.3-16. (306) Grant of caretaking or decisionmaking authority to nonparent
Status: in_force

14-09.3-16. (306) Grant of caretaking or decisionmaking authority to nonparent

1. On motion of a deploying parent and in accordance with the laws of this state other

than this chapter, if it is in the best interests of the child, a court may grant caretaking

authority to a nonparent who is an adult family member of the child or an adult with

whom the child has a close and substantial relationship.

2. Unless a grant of caretaking authority to a nonparent under subsection 1 is agreed to

by the other parent, the grant is limited to an amount of time not greater than:

a. The amount of time granted to the deploying parent under a permanent custody

order, but the court may add unusual travel time necessary to transport the child;

or

b. In the absence of a permanent custody order that is currently in effect, the

amount of time that the deploying parent habitually cared for the child before

being notified of deployment, but the court may add unusual travel time

necessary to transport the child.

3. A court may grant part of a deploying parent's decisionmaking authority, if the

deploying parent is unable to exercise that authority, to a nonparent who is an adult

family member of the child or an adult with whom the child has a close and substantial

relationship. If a court grants the authority to a nonparent, the court shall specify the

decisionmaking powers granted, including decisions regarding the child's education,

religious training, health care, extracurricular activities, and travel.
N.D. Cent. Code § 14-20-44 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-44
14-20-44. (609) Limitation - Child having acknowledged or adjudicated father
Status: in_force

14-20-44. (609) Limitation - Child having acknowledged or adjudicated father

1. If a child has an acknowledged father, a signatory to the acknowledgment of paternity

or denial of paternity may commence a proceeding seeking to rescind the

acknowledgment or denial or challenge the paternity of the child only within the time

allowed under section 14-20-17 or 14-20-18.

2. If a child has an acknowledged father or an adjudicated father, an individual, other

than the child, who is neither a signatory to the acknowledgment of a paternity nor a

party to the adjudication and who seeks an adjudication of paternity of the child must

commence a proceeding not later than two years after the effective date of the

acknowledgment or adjudication.

3. A proceeding under this section is subject to the application of the principles of

estoppel established in section 14-20-43.
N.D. Cent. Code § 14-02.1-03 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-03
14-02.1-03. Consent to abortion - Notification requirements
Status: in_force

14-02.1-03. Consent to abortion - Notification requirements

1. A physician may not perform an abortion unless before such performance the

physician certified in writing that the woman gave her informed consent as defined and

provided in section 14-02.1-02 and shall certify in writing the pregnant woman's marital

status and age based upon proof of age offered by her. Before the period of pregnancy

when the unborn child may reasonably be expected to have reached viability, an

abortion may not be performed upon an unemancipated minor unless the attending

physician certifies in writing that each of the parents of the minor requesting the

abortion has been provided by the physician in person with the information provided

for in section 14-02.1-02 at least twenty-four hours before the minor's consent to the

performance of abortion or unless the attending physician certifies in writing that the

physician has caused materials of section 14-02.1-02 to be posted by certified mail to

each of the parents of the minor separately to the last-known addresses at least

forty-eight hours before the minor's consent to the performance of abortion. If a parent

of the minor has died or rights and interests of that parent have been legally

terminated, this subsection applies to the sole remaining parent. When both parents

have died or the rights and interests of both parents have been legally terminated, this

subsection applies to the guardian or other person standing in loco parentis.

Notification by the attending physician is not required if the minor elects not to allow

the notification of one or both parents or her guardian and the abortion is authorized by

the juvenile court in accordance with section 14-02.1-03.1. None of the requirements

of this subsection apply in the case of a medical emergency, except that when a

medical emergency compels the performance of an abortion, the physician shall

inform the woman, before the abortion if possible, of the medical indications supporting

the physician's judgment that an abortion is necessary to prevent her death or prevent

a serious health risk, and shall certify those indications in writing.

2. Subsequent to the period of pregnancy when the unborn child may reasonably be

expected to have reached viability, an abortion, other than an abortion necessary to

preserve her life or to prevent a serious health risk, may not be performed upon any

woman in the absence of the written consent of a parent, if living, or the custodian or

legal guardian of the woman, if the woman is unmarried and under eighteen years of

age.

3. No executive officer, administrative agency, or public employee of the state of North

Dakota or any local governmental body has power to issue any order requiring an

abortion, nor shall any such officer or entity coerce any woman to have an abortion,

nor shall any other person coerce any woman to have an abortion.
N.D. Cent. Code § 14-12.2-01 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-01
14-12.2-01. (102) Definitions As used in this chapter:
Status: in_force

14-12.2-01. (102) Definitions. As used in this chapter:

1. "Child" means an individual, whether over or under the age of majority, who is or is

alleged to be owed a duty of support by the individual's parent or who is or is alleged

to be the beneficiary of a support order directed to the parent.

2. "Child support order" means a support order for a child, including a child who has

attained the age of majority under the law of the issuing state or foreign country.

3. "Convention" means the convention on the international recovery of child support and

other forms of family maintenance, concluded at The Hague on November 23, 2007.

4. "Duty of support" means an obligation imposed or imposable by law to provide support

for a child, spouse, or former spouse, including an unsatisfied obligation to provide

support.

5. "Foreign country" means a country, including a political subdivision thereof, other than

the United States, that under its law authorizes the issuance of support orders and:

a. Which has been declared under the law of the United States to be a foreign

reciprocating country;

b. Which has established a reciprocal arrangement for child support with this state

as provided in section 14-12.2-20;

c. Which has enacted a law or established procedures for the issuance and

enforcement of support orders which are substantially similar to the procedures

under this chapter; or

d. In which the convention is in force with respect to the United States.

6. "Foreign support order" means a support order of a foreign tribunal.

7. "Foreign tribunal" means a court, administrative agency, or quasi-judicial entity of a

foreign country authorized to establish, enforce, or modify support orders or to

determine parentage of a child. The term includes a competent authority in a

proceeding subject to sections 14-12.2-47.1 through 14-12.2-47.13, which may be a

judicial or administrative authority in a proceeding in a foreign country.

8. "Home state" means the state or foreign country in which a child lived with a parent or

a person acting as parent for at least six consecutive months immediately preceding

the time of filing of a petition or comparable pleading for support and, if a child is less

than six months old, the state or foreign country in which the child lived from birth with

any of them. A period of temporary absence of any of them is counted as part of the

six-month period or other period.

9. "Income" includes earnings or other periodic entitlements to money from any source

and any other property subject to withholding for support under the law of this state.

10. "Income-withholding order" means an order or other legal process directed to an

obligor's employer or income payer, as defined by section 14-09-09.10, to withhold

support from the income of the obligor.

11. "Initiating tribunal" means the authorized tribunal of a state or foreign country from

which a proceeding is forwarded or in which a proceeding is filed for forwarding to

another state or foreign country.

12. "Issuing foreign country" means the country in which a tribunal issues a support order

or judgment determining parentage.

13. "Issuing state" means the state in which a tribunal issues a support order or a

judgment determining parentage.

14. "Issuing tribunal" means the tribunal of a state or foreign country that issues a support

order or a judgment determining parentage of a child.

15. "Law" includes decisional and statutory law and rules having the force of law.

16. "Obligee" means:

a. An individual to whom a duty of support is or is alleged to be owed or in whose

favor a support order has been issued or a judgment determining parentage has

been issued;

b. A state, a political subdivision of a state, or a foreign country, to which the rights

under a duty of support or support order have been assigned or which has

independent claims based on financial assistance provided to an individual

obligee in place of child support;

c. An individual seeking a judgment determining parentage of the individual's child;

or

d. A person that is a creditor in a proceeding subject to sections 14-12.2-47.1

through 14-12.2-47.13.

17. "Obligor" means an individual, or the estate of a decedent:

a. Who owes or is alleged to owe a duty of support;

b. Who is alleged but has not been adjudicated to be a parent of a child;

c. Who is liable under a support order; or

d. Who is a debtor in a proceeding subject to sections 14-12.2-47.1 through

14-12.2-47.13.

18. "Outside this state" means a location in another state or a country other than the

United States, whether or not the country is defined as a foreign country.

19. "Person" means an individual, corporation, business trust, estate, trust, partnership,

limited liability company, association, joint venture, public corporation, government or

governmental subdivision, agency, or instrumentality, or any other legal or commercial

entity.

20. "Record" means information that is inscribed on a tangible medium or that is stored in

an electronic or other medium and is retrievable in perceivable form.

21. "Register" means to file in a tribunal of this state a support order or judgment

determining parentage issued in another state or foreign country.

22. "Registering tribunal" means a tribunal in which a support order or judgment

determining parentage is registered.

23. "Responding state" means a state in which a proceeding is filed or to which a

proceeding is forwarded for filing from another state or foreign country.

24. "Responding tribunal" means the authorized tribunal in a responding state or foreign

country.

25. "Spousal support order" means a support order for a spouse or former spouse of the

obligor.

26. "State" means a state of the United States, the District of Columbia, Puerto Rico, the

United States Virgin Islands, or any territory or insular possession subject to the

jurisdiction of the United States. The term includes an Indian nation or tribe.

27. "Support enforcement agency" means a public official or agency authorized to:

a. Seek enforcement of support orders or laws relating to the duty of support;

b. Seek establishment or modification of child support;

c. Request determination of parentage of a child;

d. Attempt to locate obligors or their assets; or

e. Request determination of the controlling child support order.

28. "Support order" means a judgment, decree, order, decision, or directive, whether

temporary, final, or subject to modification, issued in a state or foreign country for the

benefit of a child, a spouse, or a former spouse, which provides for monetary support,

health care, arrearages, retroactive support, or reimbursement for financial assistance

provided to an individual obligee in place of child support. The support order may

include related costs and fees, interest, income withholding, automatic adjustment,

attorney's fees, and other relief.

29. "Tribunal" means a court, administrative agency, or quasi-judicial entity authorized to

establish, enforce, or modify support orders or to determine parentage.

30. "United States" means all states.
N.D. Cent. Code § 14-09-06.5 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-06.5
14-09-06.5. Allegation of harm to child - Effect
Status: in_force

14-09-06.5. Allegation of harm to child - Effect

If the court finds that an allegation of harm to a child by one parent against the other is false

and not made in good faith, the court shall order the parent making the false allegation to pay

court costs and reasonable attorney's fees incurred by the other parent in responding to the

allegation.
N.D. Cent. Code § 14-20-17 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-17
14-20-17. (307) Proceeding for rescission
Status: in_force

14-20-17. (307) Proceeding for rescission

A signatory may rescind an acknowledgment of paternity or denial of paternity by

commencing a proceeding to rescind before the earlier of:

1. Sixty days after the effective date of the acknowledgment or denial, as provided in

section 14-20-14; or

2. The date of the first hearing, in a proceeding to which the signatory is a party, before a

court to adjudicate an issue relating to the child, including a proceeding that

establishes support.
N.D. Cent. Code § 14-09-06.1 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-06.1
14-09-06.1. Awarding custody - Best interests and welfare of child
Status: repealed

14-09-06.1. Awarding custody - Best interests and welfare of child

Repealed by S.L. 2009, ch. 149, § 12.
N.D. Cent. Code § 14-20-16 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-16
14-20-16. (306) No filing fee
Status: in_force

14-20-16. (306) No filing fee

The department of health and human services may not charge for filing an acknowledgment

of paternity or denial of paternity.
N.D. Cent. Code § 14-09-09.33 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.33
14-09-09.33. Offsets of child support
Status: in_force

14-09-09.33. Offsets of child support

1. Notwithstanding section 14-09-09.31, a court may order that a specific amount of child

support owed by an obligor to an obligee be offset by an equal amount of child support

or other debts owed to the obligor by the obligee. An order for an offset is permitted

under this subsection as long as the proposed offset does not apply to child support

owed in the current month or owed in any future month, except as authorized in

subsection 4, and the proposed offset does not include any child support that has

been assigned.

2. The child support agency may offset child support if neither party objects after being

notified of the proposed offset.

3. Child support owed by an obligor to an obligee may not be offset except as permitted

in this section.

4. Notwithstanding anything to the contrary in section 14-09-09.24 or 14-09-09.30, an

obligor's child support obligation for the current month or for a future month may not be

offset unless the court orders the offset as a method of satisfying an overpayment of

child support that results from the establishment or reduction of a child support

obligation, or as authorized by the child support agency under subsection 2, or as

permitted in the child support guidelines established under section 14-09-09.7.

5. An offset of child support under this section is considered a payment of child support. A

copy of the order for an offset must be provided to the state disbursement unit.
N.D. Cent. Code § 14-12.2-46.1 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-46.1
14-12.2-46.1. (613) Jurisdiction to modify child support order of another state when individual parties reside in this state
Status: in_force

14-12.2-46.1. (613) Jurisdiction to modify child support order of another state when

individual parties reside in this state.

1. If all of the parties who are individuals reside in this state and the child does not reside

in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the

issuing state's child support order in a proceeding to register that order.

2. A tribunal of this state exercising jurisdiction under this section shall apply the

provisions of sections 14-12.2-01 through 14-12.2-12, sections 14-12.2-35 through

14-12.2-46.4, and the procedural and substantive law of this state to the proceeding

for enforcement or modification. Sections 14-12.2-13 through 14-12.2-34 and sections

14-12.2-47, 14-12.2-48, and 14-12.2-49 do not apply.
N.D. Cent. Code § 14-19-07 — ND Code / Title 14 / Chapter 14-19 / Section 14-19-07
14-19-07. Immunity from liability
Status: in_force

14-19-07. Immunity from liability

A hospital, a voluntary paternity establishment service entity, and the agents or employees

of either, acting in accordance with this chapter or attempting in good faith to do so, are immune

from civil liability for that activity.
N.D. Cent. Code § 14-09-12 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-12
14-09-12. Support - Liability of parent's estate
Status: in_force

14-09-12. Support - Liability of parent's estate

If a parent chargeable with the support of a child dies leaving it chargeable upon the human

service zone and leaving an estate sufficient for its support, the department of health and

human services, in the name of the human service zone, may claim provision for its support

from the parent's estate by civil action, and for this purpose may have the same remedies as

any creditor against that estate and against the heirs, devisees, and next of kin of the parent.
N.D. Cent. Code § 14-14.1-12 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-12
14-14.1-12. (201) Initial child custody jurisdiction
Status: in_force

14-14.1-12. (201) Initial child custody jurisdiction

1. Except as otherwise provided in section 14-14.1-15, a court of this state has

jurisdiction to make an initial child custody determination only if:

a. This state is the home state of the child on the date of the commencement of the

proceeding, or was the home state of the child within six months before the

commencement of the proceeding, and the child is absent from this state but a

parent or person acting as a parent continues to live in this state;

b. A court of another state does not have jurisdiction under subdivision a, or a court

of the home state of the child has declined to exercise jurisdiction on the ground

that this state is the more appropriate forum under section 14-14.1-18 or

14-14.1-19, and:

(1) The child and the child's parents, or the child and at least one parent or a

person acting as a parent, have a significant connection with this state other

than mere physical presence; and

(2) Substantial evidence is available in this state concerning the child's care,

protection, training, and personal relationships;

c. All courts having jurisdiction under subdivision a or b have declined to exercise

jurisdiction on the ground that a court of this state is the more appropriate forum

to determine the custody of the child under section 14-14.1-18 or 14-14.1-19; or

d. No court of any other state would have jurisdiction under the criteria specified in

subdivision a, b, or c.

2. Subsection 1 is the exclusive jurisdictional basis for making a child custody

determination by a court of this state.

3. Physical presence of, or personal jurisdiction over, a party or a child is not necessary

or sufficient to make a child custody determination.
N.D. Cent. Code § 14-02.5-20 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-20
14-02.5-20. Investigation
Status: in_force

14-02.5-20. Investigation

1. If the federal government has referred a complaint to the department or has deferred

jurisdiction over the subject matter of the complaint to the department, the department

shall investigate the allegations set forth in the complaint.

2. The department shall investigate all complaints and, except as provided by

subsection 3, shall complete an investigation not later than the hundredth day after the

date the complaint is filed or, if it is impracticable to complete the investigation within

the hundred-day period, shall dispose of all administrative proceedings related to the

investigation not later than the first anniversary after the date the complaint is filed.

3. If the department is unable to complete an investigation within the time periods

prescribed by subsection 2, the department shall notify the complainant and the

respondent in writing of the reasons for the delay.
N.D. Cent. Code § 14-09-26 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-26
14-09-26. Modification of existing child support orders
Status: in_force

14-09-26. Modification of existing child support orders

1. A child support order issued under any provision of this code and in effect on

October 1, 1998, is deemed to require payment to the state disbursement unit after

September 30, 1998.

2. A child support order issued under any provision of this code after September 30,

1998, must require payment to the state disbursement unit.
N.D. Cent. Code § 14-02.4-02 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-02
14-02.4-02. Definitions
Status: in_force

14-02.4-02. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Age" insofar as it refers to any prohibited unfair employment or other practice means

at least forty years of age.

2. "Aggrieved person" includes any person who claims to have been injured by a

discriminatory practice.

3. "Court" means the district court in the judicial district in which the alleged

discriminatory practice occurred.

4. "Department" means the division of human rights within the department of labor and

human rights.

5. "Disability" means a physical or mental impairment that substantially limits one or more

major life activities, a record of this impairment, or being regarded as having this

impairment.

6. "Discriminatory practice" means an act or attempted act which because of race, color,

religion, sex, national origin, age, physical or mental disability, status with regard to

marriage or public assistance, or participation in lawful activity off the employer's

premises during nonworking hours which is not in direct conflict with the essential

business-related interests of the employer results in the unequal treatment or

separation or segregation of any persons, or denies, prevents, limits, or otherwise

adversely affects, or if accomplished would deny, prevent, limit, or otherwise adversely

affect, the benefit of enjoyment by any person of employment, labor union

membership, public accommodations, public services, or credit transactions. The term

"discriminate" includes segregate or separate and for purposes of discrimination based

on sex, it includes sexual harassment. Sexual harassment includes unwelcome sexual

advances, requests for sexual favors, sexually motivated physical conduct or other

verbal or physical conduct or communication of a sexual nature when:

a. Submission to that conduct or communication is made a term or condition, either

explicitly or implicitly, of obtaining employment, public accommodations or public

services, or education;

b. Submission to or rejection of that conduct or communication by an individual is

used as a factor in decisions affecting that individual's employment, public

accommodations or public services, education, or housing; or

c. That conduct or communication has the purpose or effect of substantially

interfering with an individual's employment, public accommodations, public

services, or educational environment; and in the case of employment, the

employer is responsible for its acts and those of its supervisory employees if it

knows or should know of the existence of the harassment and fails to take timely

and appropriate action.

7. "Employee" means a person who performs services for an employer, who employs

one or more individuals, for compensation, whether in the form of wages, salaries,

commission, or otherwise. "Employee" does not include a person elected to public

office in the state or political subdivision by the qualified voters thereof, or a person

chosen by the officer to be on the officer's political staff, or an appointee on the

policymaking level or an immediate adviser with respect to the exercise of the

constitutional or legal powers of the office. Provided, "employee" does include a

person subject to the civil service or merit system or civil service laws of the state

government, governmental agency, or a political subdivision.

8. "Employer" means a person within the state who employs one or more employees for

more than one quarter of the year and a person wherever situated who employs one

or more employees whose services are to be partially or wholly performed in the state.

9. "Employment agency" means a person regularly undertaking, with or without

compensation, to procure employees for an employer or to procure for employees

opportunity to work for an employer and includes any agent of the person.

10. "Labor organization" means a person, employee representation committee, plan in

which employees participate, or other organization which exists solely or in part for the

purpose of dealing with employers concerning grievances, labor disputes, wages,

rates of pay, hours, or other terms or conditions of employment.

11. "National origin" means the place of birth of an individual or any of the individual's

lineal ancestors.

12. "Otherwise qualified person" means a person who is capable of performing the

essential functions of the particular employment in question.

13. "Person" means an individual, partnership, association, corporation, limited liability

company, unincorporated organization, mutual company, joint stock company, trust,

agent, legal representative, trustee, trustee in bankruptcy, receiver, labor organization,

public body, public corporation, and the state and a political subdivision and agency

thereof.

14. "Public accommodation" means every place, establishment, or facility of whatever

kind, nature, or class that caters or offers services, facilities, or goods to the general

public for a fee, charge, or gratuity. "Public accommodation" does not include a bona

fide private club or other place, establishment, or facility which is by its nature distinctly

private; provided, however, the distinctly private place, establishment, or facility is a

"public accommodation" during the period it caters or offers services, facilities, or

goods to the general public for a fee, charge, or gratuity.

15. "Public service" means a public facility, department, agency, board, or commission

owned, operated, or managed by or on behalf of this state, a political subdivision

thereof, or a public corporation.

16. "Readily achievable" means easily accomplishable and able to be carried out without

much difficulty or expense by a person engaged in the provision of public

accommodations.

17. "Reasonable accommodations" means accommodations by an employer that do not:

a. Unduly disrupt or interfere with the employer's normal operations;

b. Threaten the health or safety of the individual with a disability or others;

c. Contradict a business necessity of the employer; or

d. Impose undue hardship on the employer, based on the size of the employer's

business, the type of business, the financial resources of the employer, and the

estimated cost and extent of the accommodation.

18. "Sex" includes pregnancy, childbirth, and disabilities related to pregnancy or childbirth.

19. "Status with regard to public assistance" means the condition of being a recipient of

federal, state, or local assistance, including medical assistance, or of being a tenant

receiving federal, state, or local subsidies, including rental assistance or rent

supplements.
N.D. Cent. Code § 14-09-09 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09
14-09-09. Liability of stepparent for support
Status: in_force

14-09-09. Liability of stepparent for support

A stepparent is not bound to maintain the spouse's dependent children, as defined in

section 50-09-01, unless the child is received into the stepparent's family. If the stepparent

receives them into the family, the stepparent is liable, to the extent of the stepparent's ability, to

support them during the marriage and so long thereafter as they remain in the stepparent's

family. Such liability may be enforced against the stepparent by any person furnishing

necessaries to such children. If an order issued under section 14-09-08.10 requires an obligee

to provide health insurance coverage, any coverage that is available to the stepparent for the

obligee's dependent children is considered to be available to the obligee and is enforceable

against the stepparent by a child support agency. If the children are received into the

stepparent's family and supported by the stepparent, it is presumed that the stepparent does so

as a parent, in which case the children are not liable to the stepparent for their support, nor the

stepparent to them for their services. The legal obligation of a natural or adoptive parent to

support that person's children is not affected by the liability imposed upon their stepparent by

this section.
N.D. Cent. Code § 14-03-27 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-27
14-03-27. Performing marriage ceremony between Negroes and whites - Penalty
Status: repealed

14-03-27. Performing marriage ceremony between Negroes and whites - Penalty

Repealed by S.L. 1955, ch. 126, § 4.
N.D. Cent. Code § 14-07-21 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-21
14-07-21. Violation of conditions of bond - Who may sue on breach
Status: in_force

14-07-21. Violation of conditions of bond - Who may sue on breach

Upon the filing of an affidavit showing the violation of the conditions of a bond given in lieu

of or in addition to the punishment for nonsupport or desertion, the accused shall be heard upon

an order to show cause. If the charges are sustained, the court may proceed with the trial of the

defendant on the original charge, or may pronounce sentence under the original conviction, or

may enforce the suspended sentence, as the case may be. The spouse or child, and any

person furnishing necessary food, shelter, clothing, or medical attention to either, may sue upon

the bond for a breach of any condition.
N.D. Cent. Code § 14-12.2-47.5 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-47.5
14-12.2-47.5. (705) Direct request
Status: in_force

14-12.2-47.5. (705) Direct request

1. A petitioner may file a direct request seeking the establishment or modification of a

support order or determination of parentage of a child. In such a proceeding, the law of

this state applies.

2. A petitioner may file a direct request seeking the recognition and enforcement of a

support order or support agreement. In such a proceeding, the provisions of sections

14-12.2-47.6 through 14-12.2-47.13 apply.

3. In a direct request for recognition and enforcement of a convention support order or

foreign support agreement:

a. A security, bond, or deposit is not required to guarantee the payment of costs and

expenses; and

b. The obligee or obligor, who in the issuing country has benefited from free legal

assistance, shall be entitled to benefit, at least to the same extent, from any free

legal assistance provided for by the law of this state under the same

circumstances.

4. An individual filing a direct request is not entitled to assistance from the department of

health and human services.

5. Nothing in sections 14-12.2-47.1 through 14-12.2-47.13 prevents the application of

laws of this state that provide simplified, more expeditious rules regarding a direct

request for recognition and enforcement of a foreign support order or support

agreement.
N.D. Cent. Code § 14-14.1-29 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-29
14-14.1-29. (309) Service of petition and order
Status: in_force

14-14.1-29. (309) Service of petition and order

Except as otherwise provided in section 14-14.1-31, the petition and order must be served,

by any method authorized by the law of this state, upon the respondent and any person who

has physical custody of the child.
N.D. Cent. Code § 14-02.5-14 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-14
14-02.5-14. Complaints
Status: in_force

14-02.5-14. Complaints

As provided by sections 14-02.5-18 through 14-02.5-35, the department shall receive,

investigate, seek to conciliate, and act on complaints alleging violations of this chapter.
N.D. Cent. Code § 14-14.2-04 — ND Code / Title 14 / Chapter 14-14.2 / Section 14-14.2-04
14-14.2-04. Jurisdiction
Status: in_force

14-14.2-04. Jurisdiction

1. A petition under this chapter may be filed in a court that has jurisdiction to make a

child-custody determination with respect to the child at issue under chapter 14-14.1.

2. A court of this state has temporary emergency jurisdiction under section 14-14.1-15 if

the court finds a credible risk of abduction.
N.D. Cent. Code § 14-03-20 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-20
14-03-20. License and certificate
Status: in_force

14-03-20. License and certificate

The marriage license and certificate of the person solemnizing the marriage must be upon

one blank form in duplicate consisting of two pages with a perforated seam to make it readily

detachable. The form must be substantially as follows:

MARRIAGE LICENSE

State of North Dakota)

) ss.

County of _________ )

To any person authorized by law to perform the marriage ceremony:

You may join in marriage __________ of ___________, aged _____

who has ______ been divorced, and ___________ of __________, aged _____ who

has ______ been divorced. You shall return this license and your certificate to my office

within five days.

Dated _________, ______.

(Seal)

_______________________

Recorder/Designated Official

CERTIFICATE OF MARRIAGE

I certify that the persons named in the foregoing license, _________ and

_________, whose names after marriage are ___________ and __________, respectively,

were joined in marriage by me at ___________, county of __________, State of North Dakota,

on __________, _____.

In the presence of

___________________________ ) ___________________________

___________________________ ) ___________________________

Witnesses

Every marriage license must contain the full name of each party before the marriage. Every

certificate of marriage must contain the full name of each party before and after the marriage

and be signed by two witnesses to the marriage in addition to the signature of the person who

solemnized the marriage.
N.D. Cent. Code § 14-20-11 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-11
14-20-11. (301) Acknowledgment of paternity
Status: in_force

14-20-11. (301) Acknowledgment of paternity

The mother of a child and a man claiming to be the genetic father of the child may sign an

acknowledgment of paternity with intent to establish the man's paternity.
N.D. Cent. Code § 14-08-08 — ND Code / Title 14 / Chapter 14-08 / Section 14-08-08
14-08-08. Notification and duties of county social service board
Status: repealed

14-08-08. Notification and duties of county social service board

Repealed by S.L. 1989, ch. 148, § 36.
N.D. Cent. Code § 14-10-17 — ND Code / Title 14 / Chapter 14-10 / Section 14-10-17
14-10-17. Minors - Treatment for sexually transmitted disease - Substance use disorder
Status: in_force

14-10-17. Minors - Treatment for sexually transmitted disease - Substance use

disorder.

Any person of the age of fourteen years or older may contract for and receive examination,

care, or treatment for sexually transmitted disease or substance use disorder without

permission, authority, or consent of a parent or guardian.
N.D. Cent. Code § 14-02-08 — ND Code / Title 14 / Chapter 14-02 / Section 14-02-08
14-02-08. Libel suits against newspapers - Retraction
Status: repealed

14-02-08. Libel suits against newspapers - Retraction

Repealed by S.L. 1995, ch. 332, § 11.
N.D. Cent. Code § 14-08-05 — ND Code / Title 14 / Chapter 14-08 / Section 14-08-05
14-08-05. Security required - Receiver
Status: in_force

14-08-05. Security required - Receiver

The court may require the defendant in an action to give reasonable security for making any

payments required under the provisions of this chapter and may enforce the same by the

appointment of a receiver or by any remedy applicable to the case.
N.D. Cent. Code § 14-08.1-04 — ND Code / Title 14 / Chapter 14-08.1 / Section 14-08.1-04
14-08.1-04. Duty of child support agency - Sheriff's fees
Status: in_force

14-08.1-04. Duty of child support agency - Sheriff's fees

The child support agency shall commence any appropriate action or proceeding under

sections 14-08.1-02 and 14-08.1-03. Except for public assistance cases as determined by the

child support agency, a sheriff may charge and collect from the child support agency service of

process fees of twenty dollars.
N.D. Cent. Code § 14-14.1-16 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-16
14-14.1-16. (205) Notice - Opportunity to be heard - Joinder
Status: in_force

14-14.1-16. (205) Notice - Opportunity to be heard - Joinder

1. Before a child custody determination is made under this chapter, notice and an

opportunity to be heard in accordance with section 14-14.1-07 must be given to all

persons entitled to notice under the law of this state as in child custody proceedings

between residents of this state, any parent whose parental rights have not been

previously terminated, and any person having physical custody of the child.

2. This chapter does not govern the enforceability of a child custody determination made

without notice or an opportunity to be heard.

3. The obligation to join a party and the right to intervene as a party in a child custody

proceeding under this chapter are governed by the laws of this state as in child

custody proceedings between residents of this state.
N.D. Cent. Code § 14-20-29 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-29
14-20-29. (505) Genetic testing results - Rebuttal
Status: in_force

14-20-29. (505) Genetic testing results - Rebuttal

1. Under this chapter, a man is rebuttably identified as the father of a child if the genetic

testing complies with sections 14-20-25 through 14-20-35 and the results disclose that:

a. The man has at least a ninety-nine percent probability of paternity, using a prior

probability of five-tenths, as calculated by using the combined paternity index

obtained in the testing; and

b. A combined paternity index of at least one hundred to one.

2. A man identified under subsection 1 as the father of the child may rebut the genetic

testing results only by other genetic testing satisfying the requirements of sections

14-20-25 through 14-20-35 which:

a. Excludes the man as a genetic father of the child; or

b. Identifies another man as the possible father of the child.

3. Except as otherwise provided in section 14-20-34, if more than one man is identified

by genetic testing as the possible father of the child, the court shall order them to

submit to further genetic testing to identify the genetic father.
N.D. Cent. Code § 14-09-06.2 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-06.2
14-09-06.2. Best interests and welfare of child - Court consideration - Factors
Status: in_force

14-09-06.2. Best interests and welfare of child - Court consideration - Factors

1. For the purpose of parental rights and responsibilities, the best interests and welfare of

the child is determined by the court's consideration and evaluation of all factors

affecting the best interests and welfare of the child. These factors include all of the

following when applicable:

a. The love, affection, and other emotional ties existing between the parents and

child and the ability of each parent to provide the child with nurture, love,

affection, and guidance.

b. The ability of each parent to assure that the child receives adequate food,

clothing, shelter, medical care, and a safe environment.

c. The child's developmental needs and the ability of each parent to meet those

needs, both in the present and in the future.

d. The sufficiency and stability of each parent's home environment, the impact of

extended family, the length of time the child has lived in each parent's home, and

the desirability of maintaining continuity in the child's home and community.

e. The willingness and ability of each parent to facilitate and encourage a close and

continuing relationship between the other parent and the child.

f. The moral fitness of the parents, as that fitness impacts the child.

g. The mental and physical health of the parents, as that health impacts the child.

h. The home, school, and community records of the child and the potential effect of

any change.

i. If the court finds by clear and convincing evidence that a child is of sufficient

maturity to make a sound judgment, the court may give substantial weight to the

preference of the mature child. The court also shall give due consideration to

other factors that may have affected the child's preference, including whether the

child's preference was based on undesirable or improper influences.

j. Evidence of domestic violence. In determining parental rights and responsibilities,

the court shall consider evidence of domestic violence. If the court finds credible

evidence that domestic violence has occurred, and there exists one incident of

domestic violence which resulted in serious bodily injury or involved the use of a

dangerous weapon or there exists a pattern of domestic violence within a

reasonable time proximate to the proceeding, this combination creates a

rebuttable presumption that a parent who has perpetrated domestic violence may

not be awarded residential responsibility for the child. This presumption may be

overcome only by clear and convincing evidence that the best interests of the

child require that parent have residential responsibility. The court shall cite

specific findings of fact to show that the residential responsibility best protects the

child and the parent or other family or household member who is the victim of

domestic violence. If necessary to protect the welfare of the child, residential

responsibility for a child may be awarded to a suitable third person, provided that

the person would not allow access to a violent parent except as ordered by the

court. If the court awards residential responsibility to a third person, the court

shall give priority to the child's nearest suitable adult relative. The fact that the

abused parent suffers from the effects of the abuse may not be grounds for

denying that parent residential responsibility. As used in this subdivision,

"domestic violence" means domestic violence as defined in section 14-07.1-01. A

court may consider, but is not bound by, a finding of domestic violence in another

proceeding under chapter 14-07.1.

k. The interaction and inter-relationship, or the potential for interaction and inter-

relationship, of the child with any person who resides in, is present, or frequents

the household of a parent and who may significantly affect the child's best

interests. The court shall consider that person's history of inflicting, or tendency to

inflict, physical harm, bodily injury, assault, or the fear of physical harm, bodily

injury, or assault, on other persons.

l. The making of false allegations not made in good faith, by one parent against the

other, of harm to a child.

m. Any other factors considered by the court to be relevant to a particular parental

rights and responsibilities dispute.

2. In a proceeding for parental rights and responsibilities of a child of a service member,

a court may not consider a parent's past deployment or possible future deployment in

itself in determining the best interests of the child but may consider any significant

impact on the best interests of the child of the parent's past or possible future

deployment.

3. In any proceeding under this chapter, the court, at any stage of the proceedings after

final judgment, may make orders about what security is to be given for the care,

custody, and support of the unmarried minor children of the marriage as from the

circumstances of the parties and the nature of the case is equitable.
N.D. Cent. Code § 14-20-43 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-43
14-20-43. (608) Authority to deny motion for genetic testing
Status: in_force

14-20-43. (608) Authority to deny motion for genetic testing

1. In a proceeding to adjudicate the parentage of a child having a presumed father or to

challenge the paternity of a child having an acknowledged father, the court may deny a

motion seeking an order for genetic testing of the mother, the child, and the presumed

or acknowledged father if the court determines that:

a. The conduct of the mother or the presumed or acknowledged father estops that

party from denying parentage; and

b. It would be inequitable to disprove the father-child relationship between the child

and the presumed or acknowledged father.

2. In determining whether to deny a motion seeking an order for genetic testing under

this section, the court shall consider the best interest of the child, including the

following factors:

a. The length of time between the proceeding to adjudicate parentage and the time

that the presumed or acknowledged father was placed on notice that he might not

be the genetic father;

b. The length of time during which the presumed or acknowledged father has

assumed the role of father of the child;

c. The facts surrounding the presumed or acknowledged father's discovery of his

possible nonpaternity;

d. The nature of the relationship between the child and the presumed or

acknowledged father;

e. The age of the child;

f. The harm that may result to the child if presumed or acknowledged paternity is

successfully disproved;

g. The nature of the relationship between the child and any alleged father;

h. The extent to which the passage of time reduces the chances of establishing the

paternity of another man and a child support obligation in favor of the child; and

i. Other factors that may affect the qualities arising from the disruption of the

father-child relationship between the child and the presumed or acknowledged

father or the chance of other harm to the child.

3. In a proceeding involving the application of this section, a minor or incapacitated child

must be represented by a guardian ad litem.

4. Denial of a motion seeking an order for genetic testing must be based on clear and

convincing evidence.

5. If the court denies a motion seeking an order for genetic testing, it shall issue an order

adjudicating the presumed or acknowledged father to be the father of the child.
N.D. Cent. Code § 14-09-14 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-14
14-09-14. When parent not liable for support of child
Status: repealed

14-09-14. When parent not liable for support of child

Repealed by S.L. 1999, ch. 141, § 25.
N.D. Cent. Code § 14-07.7-18 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-18
14-07.7-18. Arrest without warrant
Status: in_force

14-07.7-18. Arrest without warrant

1. A law enforcement officer shall arrest an individual without a warrant if the individual

has committed the offense of violating a protection order under subsection 1 of section

14-07.7-03, regardless of whether the violation was committed in the presence of the

officer.

2. A law enforcement officer may not be held criminally or civilly liable for making an

arrest under this section if the officer acts in good faith on probable cause without

malice.
N.D. Cent. Code § 14-07.7-08 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-08
14-07.7-08. Temporary sexual assault restraining order
Status: in_force

14-07.7-08. Temporary sexual assault restraining order

1. If the petition for relief alleges reasonable grounds to believe an individual has

committed sexual assault, the court, pending a full hearing, may grant a temporary

sexual assault restraining order.

2. A temporary restraining order may be entered only against the individual named in the

petition. The order must include provisions prohibiting the individual from:

a. Harassing, stalking, or threatening the protected individual;

b. Appearing at the residence, school, and place of employment of the protected

individual; and

c. Contacting the protected individual.
N.D. Cent. Code § 14-20-50 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-50
14-20-50. (623) Admission of paternity authorized
Status: in_force

14-20-50. (623) Admission of paternity authorized

1. A respondent in a proceeding to adjudicate parentage may admit to the paternity of a

child by filing a pleading to that effect or by admitting paternity under penalty of perjury

when making an appearance or during a hearing.

2. If the court finds that the admission of paternity satisfies the requirements of this

section and finds that there is no reason to question the admission, the court shall

issue an order adjudicating the child to be the child of the man admitting paternity.
N.D. Cent. Code § 14-12.2-30 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-30
14-12.2-30. (318) Assistance with discovery
Status: in_force

14-12.2-30. (318) Assistance with discovery

A tribunal of this state may:

1. Request a tribunal outside this state to assist in obtaining discovery; and

2. Upon request, compel a person over whom it has jurisdiction to respond to a discovery

order issued by a tribunal outside this state.
N.D. Cent. Code § 14-18-08 — ND Code / Title 14 / Chapter 14-18 / Section 14-18-08
14-18-08. Gestational carrier agreements
Status: in_force

14-18-08. Gestational carrier agreements

A child born to a gestational carrier is a child of the intended parents for all purposes and is

not a child of the gestational carrier and the gestational carrier's husband, if any.
N.D. Cent. Code § 14-12.2-18 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-18
14-12.2-18. (306) Inappropriate tribunal
Status: in_force

14-12.2-18. (306) Inappropriate tribunal

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the

tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of

this state or another state and notify the petitioner where and when the pleading was sent.
N.D. Cent. Code § 14-02.4-08 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-08
14-02.4-08. Qualification based on religion, sex, national origin, physical or mental disability, or marital status
Status: in_force

14-02.4-08. Qualification based on religion, sex, national origin, physical or mental

disability, or marital status.

Notwithstanding sections 14-02.4-03 through 14-02.4-06, it is not a discriminatory practice

for an employer to fail or refuse to hire and employ an individual for a position, to discharge an

individual from a position, or for an employment agency to fail or refuse to refer an individual for

employment in a position, or for a labor organization to fail or refuse to refer an individual for

employment, on the basis of religion, sex, national origin, physical or mental disability, or marital

status in those circumstances where religion, sex, national origin, physical or mental disability,

or marital status is a bona fide occupational qualification reasonably necessary to the normal

operation of that particular business or enterprise; nor is it a discriminatory practice for an

employer to fail or refuse to hire and employ an individual for a position, or to discharge an

individual from a position on the basis of that individual's participation in a lawful activity that is

off the employer's premises and that takes place during nonworking hours and which is not in

direct conflict with the essential business-related interests of the employer, if that participation is

contrary to a bona fide occupational qualification that reasonably and rationally relates to

employment activities and the responsibilities of a particular employee or group of employees,

rather than to all employees of that employer.
N.D. Cent. Code § 14-09-08.4 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.4
14-09-08.4. Periodic review of child support orders
Status: in_force

14-09-08.4. Periodic review of child support orders

1. Each child support order being enforced by the child support agency must be reviewed

by the child support agency no less frequently than thirty-six months after the

establishment of the order or the most recent amendment or review of the order by the

court or child support agency unless:

a. In the case of an order with respect to which there is in effect an assignment

under chapter 50-09, the child support agency has determined that a review is

not in the best interests of the child and neither the obligor nor the obligee has

requested review;

b. In the case of any other order neither the obligor nor the obligee has requested

review; or

c. In the case of a review requested by the obligor, the obligor failed to provide

information required under subsection 1 of section 14-09-08.6 with the request for

review.

2. Each child support order, in which there is in effect an assignment under chapter 50-09

or with respect to which either the obligor or the obligee has requested review, must be

reviewed by the child support agency if:

a. More than twelve months have passed since the establishment of the order or the

most recent amendment or review of that order by the court or child support

agency, whichever is later; and

b. The order provides for no child support and was based on a finding that the

obligor has no ability to pay child support.

3. If, upon review, the child support agency determines that the order provides for child

support payments in an amount that is inconsistent with the amount that would be

required by the child support guidelines established under subsection 1 of section

14-09-09.7, the child support agency may seek an amendment of the order. If the

order provides for child support payments in an amount less than eighty-five percent or

more than one hundred fifteen percent of the amount that would be required by those

guidelines, the child support agency shall seek an amendment of the order.

4. If a child support obligation sought to be amended was entered at least one year

before the filing of a motion or petition for amendment, the court shall order the

amendment of the child support obligation to conform the amount of child support

payment to that required under the child support guidelines, whether or not the motion

or petition for amendment arises out of a periodic review of a child support obligation,

and whether or not a material change of circumstances has taken place, unless the

presumption that the correct amount of child support would result from the application

of the child support guidelines is rebutted. If a motion or petition for amendment is filed

within one year of the entry of the obligation sought to be amended, the party seeking

amendment must also show a material change of circumstances.

5. A determination that a child who is the subject of a child support order is eligible for

benefits furnished under subsection 16 or 18 of section 50-06-05.1 or chapter 50-09 or

50-24.1, or any substantially similar program operated by any state or tribal

government, constitutes a material change of circumstances. The availability of health

insurance at reasonable cost to a child who is the subject of a child support order

constitutes a material change of circumstances. The need to provide for a child's

health care needs, through health insurance or other means, constitutes a material

change of circumstances.
N.D. Cent. Code § 14-15.1-04 — ND Code / Title 14 / Chapter 14-15.1 / Section 14-15.1-04
14-15.1-04. Report of child-placing agency
Status: in_force

14-15.1-04. Report of child-placing agency

1. Before a hearing under this chapter, the report of a child-placing agency must be filed

with the court. The child-placing agency shall serve a copy of the report upon the birth

parent, the identified adoptive parent, the guardian ad litem, and the department at

least seven days before the hearing. Except as provided in subsection 2, the report

must include:

a. A recommendation as to whether the home of the identified adoptive parent is a

suitable home for the placement of the child.

b. A preplacement adoption assessment indicating how the identified adoptive

parent's emotional maturity, finances, health, relationships, criminal history

record, and any other relevant factors may affect the identified adoptive parent's

ability to accept, care for, and provide the child with an adequate environment in

which to mature.

c. The medical and social history of the birth parent, including an assessment

regarding the birth parent's understanding and acceptance of the action.

d. If the child has been born before the filing of the report, a medical and

developmental history of the child.

2. If the identified adoptive parent is a relative of the child, the report of a child-placing

agency must include:

a. An assessment and recommendation of the criminal history record of the

identified adoptive parent and any adult living in the home of the adoptive parent.

b. Written credible character statements from three adult witnesses. Each statement

must be acknowledged before a notary public and include:

(1) The relationship of the witness to the identified parent;

(2) The relationship, love, and other emotional ties existing between the child

and the identified adoptive parent;

(3) The emotional maturity and moral character of the identified adoptive

parent;

(4) The sufficiency and stability of the identified adoptive parent's home

environment;

(5) The ability of the identified adoptive parent to provide food, clothing, shelter,

and medical care for the child; and

(6) The mental and physical health of the identified adoptive parent, if known.

c. The medical and social history of the birth parent, including an assessment

regarding the birth parent's understanding and acceptance of the action.
N.D. Cent. Code § 14-12.2-40 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-40
14-12.2-40. (606) Procedure to contest validity or enforcement of registered order
Status: in_force

14-12.2-40. (606) Procedure to contest validity or enforcement of registered order

1. A nonregistering party seeking to contest the validity or enforcement of a registered

order in this state shall request a hearing in accordance with the notice provided in

section 14-12.2-39. The nonregistering party may seek to vacate the registration, to

assert any defense to an allegation of noncompliance with the registered order, or to

contest the remedies being sought or the amount of any alleged arrearages pursuant

to section 14-12.2-41.

2. If the nonregistering party fails to contest the validity or enforcement of the registered

order in a timely manner, the order is confirmed by operation of law.

3. If a nonregistering party requests a hearing to contest the validity or enforcement of

the registered order, the registering tribunal shall schedule the matter for hearing and

give notice to the parties of the date, time, and place of the hearing.
N.D. Cent. Code § 14-12.2-12.2 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-12.2
14-12.2-12.2. (211) Continuing, exclusive jurisdiction to modify spousal support order
Status: in_force

14-12.2-12.2. (211) Continuing, exclusive jurisdiction to modify spousal support order

1. A tribunal of this state issuing a spousal support order consistent with the law of this

state has continuing, exclusive jurisdiction to modify the spousal support order

throughout the existence of the support obligation.

2. A tribunal of this state may not modify a spousal support order issued by a tribunal of

another state or foreign country having continuing, exclusive jurisdiction over that

order under the law of that state or foreign country.

3. A tribunal of this state that has continuing, exclusive jurisdiction over a spousal support

order may serve as:

a. An initiating tribunal to request a tribunal of another state to enforce the spousal

support order issued in this state; or

b. A responding tribunal to enforce or modify its own spousal support order.
N.D. Cent. Code § 14-14.1-37 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-37
14-14.1-37. (317) Costs and expenses
Status: in_force

14-14.1-37. (317) Costs and expenses

If the respondent is not the prevailing party, the court may assess against the respondent all

direct expenses and costs incurred by the state's attorney and law enforcement officers under

section 14-14.1-35 or 14-14.1-36.
N.D. Cent. Code § 14-09-18 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-18
14-09-18. Wages of minors
Status: in_force

14-09-18. Wages of minors

The wages of a minor employed in service may be paid to the minor until the parent or

guardian entitled thereto gives the employer notice that the parent or guardian claims such

wages.
N.D. Cent. Code § 14-05-20 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-20
14-05-20. Legitimacy of children - Adultery by husband
Status: in_force

14-05-20. Legitimacy of children - Adultery by husband

When a divorce is granted for the adultery of the husband, the legitimacy of children of the

marriage begotten of the wife before the commencement of the action is not affected.
N.D. Cent. Code § 14-12.2-19 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-19
14-12.2-19. (307) Duties of support enforcement agency
Status: in_force

14-12.2-19. (307) Duties of support enforcement agency

1. A support enforcement agency of this state, upon request, shall provide services to a

petitioner in a proceeding under this chapter.

2. A support enforcement agency of this state that is providing services to the petitioner

shall:

a. Take all steps necessary to enable an appropriate tribunal of this state or another

state or foreign country to obtain jurisdiction over the respondent;

b. Request an appropriate tribunal to set a date, time, and place for a hearing;

c. Make a reasonable effort to obtain all relevant information, including information

as to income and property of the parties;

d. Within two days, exclusive of Saturdays, Sundays, and legal holidays, after

receipt of notice in a record from an initiating, responding, or registering tribunal,

send a copy of the notice to the petitioner;

e. Within two days, exclusive of Saturdays, Sundays, and legal holidays, after

receipt of communication in a record from the respondent or the respondent's

attorney, send a copy of the communication to the petitioner; and

f. Notify the petitioner if jurisdiction over the respondent cannot be obtained.

3. A support enforcement agency of this state which requests registration of a child

support order in this state for enforcement or for modification shall make reasonable

efforts:

a. To ensure that the order to be registered is the controlling order; or

b. If two or more child support orders exist and the identity of the controlling order

has not been determined, to ensure that a request for such a determination is

made in a tribunal having jurisdiction to do so.

4. A support enforcement agency of this state which requests registration and

enforcement of a support order, arrears, or judgment stated in a foreign currency shall

convert the amounts stated in the foreign currency into the equivalent amounts in

dollars under the applicable official or market exchange rate as publicly reported.

5. A support enforcement agency of this state shall request a tribunal of this state to

issue a child support order and an income withholding order that redirect payment of

current support, arrears, and interest if requested to do so by a support enforcement

agency of another state pursuant to section 14-12.2-31.

6. This chapter does not create or negate a relationship of attorney and client or other

fiduciary relationship between a support enforcement agency or the attorney for the

agency and the individual being assisted by the agency.
N.D. Cent. Code § 14-09-08.14 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.14
14-09-08.14. Child support agency to establish criteria
Status: in_force

14-09-08.14. Child support agency to establish criteria

The child support agency shall establish criteria to identify cases involving children who

received benefits through temporary assistance for needy families or foster care under chapter

50-09 or medical assistance under chapter 50-24.1, or when an application to the child support

agency has been completed by an obligee and when there is a high potential for obtaining

medical support based on:

1. Evidence that health insurance may be available to the obligor at reasonable cost; and

2. Facts that are sufficient to warrant modification of the existing court order to include

health insurance coverage for a dependent child.
N.D. Cent. Code § 14-07.1-14 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-14
14-07.1-14. Law enforcement guidelines and training
Status: in_force

14-07.1-14. Law enforcement guidelines and training

1. Every law enforcement agency shall develop and implement, with assistance from the

criminal justice training and statistics division, specific operational guidelines for arrest

policies and procedures in crimes involving domestic violence. The guidelines must

include procedures for the conduct of criminal investigations, procedures for arrests

and victim assistance by law enforcement officers, procedures concerning the

provision of services to victims, and any additional procedures as may be necessary to

carry out sections 14-07.1-08.1 through 14-07.1-14 and chapter 14-07.7.

2. The peace officer standards and training board shall establish, in conjunction with the

state's attorneys association, an education and training program for law enforcement

officers and state's attorneys concerning the handling of crimes involving domestic

violence. The training must stress the enforcement of criminal laws in domestic

violence cases and the use of community resources.
N.D. Cent. Code § 14-10-09 — ND Code / Title 14 / Chapter 14-10 / Section 14-10-09
14-10-09. Minor's disability to delegate power and to contract relating to real property
Status: in_force

14-10-09. Minor's disability to delegate power and to contract relating to real property

A minor cannot give a delegation of power. A person under the age of eighteen may not

make a contract relating to real property or any interest therein or relating to any personal

property not in that person's immediate possession or control.
N.D. Cent. Code § 14-13-02 — ND Code / Title 14 / Chapter 14-13 / Section 14-13-02
14-13-02. Determination of financial responsibility
Status: in_force

14-13-02. Determination of financial responsibility

Financial responsibility for any child placed pursuant to the provisions of the Interstate

Compact on the Placement of Children must be determined in accordance with the provisions of

article V thereof in the first instance. However, in the event of partial or complete default of

performance thereunder, the provisions of North Dakota laws fixing responsibility for the support

of children also may be invoked.
N.D. Cent. Code § 14-09-09.35 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.35
14-09-09.35. Transfers of funds for payment of child support
Status: in_force

14-09-09.35. Transfers of funds for payment of child support

If a court determines that income withholding under this chapter is inapplicable, ineffective,

or insufficient to ensure monthly payment of child support as determined under section

14-09-09.30, a court may, and upon request of a child support agency shall, order an obligor to

identify or establish a deposit account that allows for periodic transfers of funds for payment of

child support and to execute any necessary agreement for preauthorized transfers of funds from

the account to the state disbursement unit for the payment of child support. An obligor who fails

to comply with this section or make sufficient funds available to satisfy any preauthorized

transfer, or who stops payment or revokes authorization for any preauthorized transfer, may be

punished for contempt of court.
N.D. Cent. Code § 14-09-09.14 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.14
14-09-09.14. Hearing upon obligor's request
Status: in_force

14-09-09.14. Hearing upon obligor's request

1. If the obligor files a request for a hearing within ten days of the date of the notice made

pursuant to section 14-09-09.13, the court shall hold a hearing within ten working days

after the date of the request.

a. The court may order that the income withholding order be withdrawn if at the

hearing the obligor establishes:

(1) In a case where withholding would be based on an alleged delinquency, that

there has been a mistake in the identity of the obligor; or

(2) In a case where an approved request for withholding has been made by the

obligee, that the approval of the request constituted an abuse of discretion.

b. If at the hearing the obligor establishes that there is an overstatement in the

amount of support stated to be owed by the obligor, the court may amend the

amount to be withheld.

c. In the absence of a finding of a mistake of fact in a case in which withholding

would be based on an alleged delinquency, or in the absence of an abuse of

discretion in the approval of an obligee's request for withholding, the court shall

confirm the income withholding order. Payment of past-due support after

issuance of notice under section 14-09-09.13 may not be the basis for an order

that the income withholding order be withdrawn.

2. An obligor is not precluded by subsection 1 from seeking appropriate relief from a

judgment or order affecting a child support obligation nor is the court precluded from

granting such relief. An obligor's request for such relief, whether made by motion under

rule 60(b) of the North Dakota Rules of Civil Procedure or otherwise, may not be

considered during the hearing described in subsection 1.
N.D. Cent. Code § 14-20-31 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-31
14-20-31. (507) Additional genetic testing
Status: in_force

14-20-31. (507) Additional genetic testing

The court or the support enforcement agency shall order additional genetic testing upon the

request of a party who contests the result of the original testing. If the previous genetic testing

identified a man as the father of the child under section 14-20-29, the court or agency may not

order additional testing unless the party provides advance payment for the testing.
N.D. Cent. Code § 14-09-09.5 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.5
14-09-09.5. Child support - Judgment or order as lien on property - Duration - Effect
Status: repealed

14-09-09.5. Child support - Judgment or order as lien on property - Duration - Effect

Repealed by S.L. 1981, ch. 172, § 1.
N.D. Cent. Code § 14-02.5-07 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-07
14-02.5-07. Residential real estate-related transaction
Status: in_force

14-02.5-07. Residential real estate-related transaction

A person whose business includes engaging in residential real estate-related transactions

may not discriminate against an individual in making a real estate-related transaction available

or in the terms or conditions of a real estate-related transaction because of race, color, religion,

sex, disability, age, familial status, national origin, or status with respect to marriage or public

assistance. A residential real estate-related transaction is the selling, brokering, or appraising of

residential real property or the making or purchasing of loans or the provision of other financial

assistance to purchase, construct, improve, repair, maintain a dwelling, or to secure residential

real estate. Nothing in this section prohibits a person engaged in the business of furnishing

appraisals of real property to take into consideration factors other than race, color, religion, sex,

disability, age, familial status, national origin, or status with respect to marriage.
N.D. Cent. Code § 14-20-18 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-18
14-20-18. (308) Challenge after expiration of period for rescission
Status: in_force

14-20-18. (308) Challenge after expiration of period for rescission

1. After the period for rescission under section 14-20-17 has expired, a signatory of an

acknowledgment of paternity or denial of paternity may commence a proceeding to

challenge the acknowledgment or denial only:

a. On the basis of fraud, duress, or material mistake of fact; and

b. Within two years after the acknowledgment or denial is filed with the department

of health and human services.

2. A party challenging an acknowledgment of paternity or denial of paternity has the

burden of proof.
N.D. Cent. Code § 14-06.1-01 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-01
14-06.1-01. Legislative finding and declaration
Status: in_force

14-06.1-01. Legislative finding and declaration

The legislative assembly finds that there are an ever-increasing number of persons in this

state who, having fulfilled a role as homemaker, find themselves "displaced" in their middle

years through separation, divorce, death or disability of spouse, or other loss of support. As a

consequence, displaced homemakers are very often without any source of income; they are

usually ineligible for categorical welfare assistance; they are subject to one of the highest

unemployment rates of any sector of the workforce; they often face continuing discrimination in

employment because they are older and have no recent paid work experience; they are often

ineligible for unemployment insurance because they have been engaged in unpaid labor in the

home; they are often ineligible for social security because they are too young, and many will

never qualify for social security because they have been divorced from the family wage earner;

they have often lost their rights as beneficiaries under employers' pension and health plans

through divorce or death of spouse, despite many years of contribution to the family well-being;

and they are most often ineligible for medical assistance and are generally unacceptable to

private health insurance plans because of their age.

It is the intention of the legislative assembly in enacting this chapter to provide the

necessary counseling and guidance, job readiness training, and services for displaced

homemakers so that they may enjoy the independence and economic security vital to a

productive life and to improve the health and welfare of this ever-growing group of citizens.
N.D. Cent. Code § 14-13-04 — ND Code / Title 14 / Chapter 14-13 / Section 14-13-04
14-13-04. Authority to enter into agreements - Limitation
Status: in_force

14-13-04. Authority to enter into agreements - Limitation

The officers and agencies of this state and its subdivisions having authority to place children

are hereby empowered to enter into agreements with appropriate officers or agencies of or in

other party states pursuant to paragraph 2 of article V of the Interstate Compact on the

Placement of Children. Any such agreement which contains a financial commitment or imposes

a financial obligation on this state or subdivision or agency thereof is not binding unless it has

the approval in writing of the governor in the case of the state and of the chief local fiscal officer

in the case of a subdivision of the state.
N.D. Cent. Code § 14-12.2-28 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-28
14-12.2-28. (316) Special rules of evidence and procedure
Status: in_force

14-12.2-28. (316) Special rules of evidence and procedure

1. The physical presence of a nonresident party who is an individual in a tribunal of this

state is not required for the establishment, enforcement, or modification of a support

order or the rendition of a judgment determining parentage.

2. An affidavit, a document substantially complying with federally mandated forms, or a

document incorporated by reference in any of them, which would not be excluded

under the hearsay rule if given in person, is admissible in evidence if given under

penalty of perjury by a party or witness residing outside this state.

3. A copy of the record of child support payments certified as a true copy of the original

by the custodian of the record may be forwarded to a responding tribunal. The copy is

evidence of facts asserted in it and is admissible to show whether payments were

made.

4. Copies of bills for testing for parentage, and for prenatal and postnatal health care of

the mother and child, furnished to the adverse party at least ten days before trial, are

admissible in evidence to prove the amount of the charges billed and that the charges

were reasonable, necessary, and customary.

5. Documentary evidence transmitted from outside this state to a tribunal of this state by

telephone, telecopier, or other means that do not provide an original record may not be

excluded from evidence on an objection based on the means of transmission.

6. In a proceeding under this chapter, a tribunal of this state shall permit a party or

witness residing outside this state to be deposed or to testify by telephone, audiovisual

means, or other electronic means at a designated tribunal or other location in that

state. A tribunal of this state shall cooperate with other tribunals in designating an

appropriate location for the deposition or testimony.

7. If a party called to testify at a civil hearing refuses to answer on the ground that the

testimony may be self-incriminating, the trier of fact may draw an adverse inference

from the refusal.

8. A privilege against disclosure of communications between spouses does not apply in a

proceeding under this chapter.

9. The defense of immunity based on the relationship of husband and wife or parent and

child does not apply in a proceeding under this chapter.

10. A voluntary acknowledgment of paternity, certified as a true copy, is admissible to

establish parentage of the child.
N.D. Cent. Code § 14-10.1-02 — ND Code / Title 14 / Chapter 14-10.1 / Section 14-10.1-02
14-10.1-02. No liability without notice or knowledge of minority
Status: in_force

14-10.1-02. No liability without notice or knowledge of minority

A bank, broker, issuer, third party, or transfer agent incurs no liability by reason of treating a

minor as having capacity to transfer a security, to receive or to empower others to receive

dividends, interest, principal, or other payments or distributions, to vote or give consent in

person or by proxy, or to make elections or exercise rights relating to the security, unless prior to

acting in the transaction the bank, broker, issuer, third party, or transfer agent had received

written notice in the office acting in the transaction that the specific security is held by a minor or

unless an individual conducting the transaction for the bank, broker, issuer, third party, or

transfer agent had actual knowledge of the minority of the holder of the security. Except as

otherwise provided in this chapter, such a bank, broker, issuer, third party, or transfer agent may

assume without inquiry that the holder of a security is not a minor.
N.D. Cent. Code § 14-12.2-12.1 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-12.1
14-12.2-12.1. (210) Application of chapter to nonresident subject to personal jurisdiction
Status: in_force

14-12.2-12.1. (210) Application of chapter to nonresident subject to personal

jurisdiction.

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding

under this chapter, under other law of this state relating to a support order, or recognizing a

foreign support order may receive evidence from outside this state pursuant to section

14-12.2-28, communicate with a tribunal outside this state pursuant to section 14-12.2-29, and

obtain discovery through a tribunal outside this state pursuant to section 14-12.2-30. In all other

respects, sections 14-12.2-13 through 14-12.2-47.13 do not apply and the tribunal shall apply

the procedural and substantive law of this state.
N.D. Cent. Code § 14-12.2-10 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-10
14-12.2-10. (207) Determination of controlling child support order
Status: in_force

14-12.2-10. (207) Determination of controlling child support order

1. If a proceeding is brought under this chapter and only one tribunal has issued a child

support order, the order of that tribunal controls and must be so recognized.

2. If a proceeding is brought under this chapter, and two or more child support orders

have been issued by tribunals of this state or another state or foreign country with

regard to the same obligor and same child, a tribunal of this state having personal

jurisdiction over both the obligor and individual obligee shall apply the following rules

and by order shall determine which order controls:

a. If only one of the tribunals would have continuing, exclusive jurisdiction under this

chapter, the order of that tribunal controls and must be so recognized.

b. If more than one of the tribunals would have continuing, exclusive jurisdiction

under this chapter:

(1) An order issued by a tribunal in the current home state of the child controls;

or

(2) If an order has not been issued in the current home state of the child, the

order most recently issued controls.

c. If none of the tribunals would have continuing, exclusive jurisdiction under this

chapter, the tribunal of this state shall issue a child support order, which controls.

3. If two or more child support orders have been issued for the same obligor and same

child, upon request of a party who is an individual or a support enforcement agency, a

tribunal of this state having personal jurisdiction over both the obligor and obligee who

is an individual shall determine which order controls under subsection 2. The request

may be filed with a registration for enforcement or registration for modification

pursuant to sections 14-12.2-35 through 14-12.2-46.4, or may be filed as a separate

proceeding.

4. A request to determine which is the controlling order must be accompanied by a copy

of every child support order in effect and the applicable record of payments. The

requesting party shall give notice of the request to each party whose rights may be

affected by the determination.

5. The tribunal that issued the controlling order under subsection 1, 2, or 3 has continuing

jurisdiction to the extent provided in section 14-12.2-08 or 14-12.2-09.

6. A tribunal of this state that determines by order which is the controlling order under

subdivision a or b of subsection 2 or subsection 3 that issues a new controlling order

under subdivision c of subsection 2 shall state in that order:

a. The basis upon which the tribunal made its determination;

b. The amount of prospective support, if any; and

c. The total amount of consolidated arrears and accrued interest, if any, under all of

the orders after all payments made are credited as provided in by section

14-12.2-12.

7. Within thirty days after issuance of an order determining which is the controlling order,

the party obtaining the order shall file a certified copy of it in each tribunal that had

issued or registered an earlier order of child support. A party or support enforcement

agency obtaining the order that fails to file a certified copy is subject to appropriate

sanctions by a tribunal in which the issue of failure to file arises. The failure to file does

not affect the validity or enforceability of the controlling order.

8. An order that has been determined to be the controlling order, or a judgment for

consolidated arrears of support and interest, if any, made pursuant to this section must

be recognized in proceedings under this chapter.
N.D. Cent. Code § 14-02-10 — ND Code / Title 14 / Chapter 14-02 / Section 14-02-10
14-02-10. Uniform Single Publication Act
Status: in_force

14-02-10. Uniform Single Publication Act

No person may have more than one claim for relief for damages for libel or slander or

invasion of privacy or any other tort founded upon any single publication or exhibition or

utterance, such as any one edition of a newspaper or book or magazine or any one presentation

to an audience or any one broadcast over radio or television or any one exhibition of a motion

picture. Recovery in any action must include all damages for any such tort suffered by the

plaintiff in all jurisdictions.

A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any

action for damages founded upon a single publication or exhibition or utterance as described in

this section bars any other action for damages by the same plaintiff against the same defendant

founded upon the same publication or exhibition or utterance.

This section may be cited as the Uniform Single Publication Act.

This section is not retroactive to claims for relief existing on July 1, 1953.
N.D. Cent. Code § 14-15.1-08 — ND Code / Title 14 / Chapter 14-15.1 / Section 14-15.1-08
14-15.1-08. Confidentiality of records
Status: in_force

14-15.1-08. Confidentiality of records

All files, records, and proceedings under this chapter are confidential pursuant to section
N.D. Cent. Code § 14-12.2-46.2 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-46.2
14-12.2-46.2. (614) Notice to issuing tribunal of modification
Status: in_force

14-12.2-46.2. (614) Notice to issuing tribunal of modification

Within thirty days after issuance of a modified child support order, the party obtaining the

modification shall file a certified copy of the order with the issuing tribunal that had continuing,

exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the

earlier order has been registered. A party who obtains the order and fails to file a certified copy

is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The

failure to file does not affect the validity or enforceability of the modified order of the new tribunal

having continuing, exclusive jurisdiction.
N.D. Cent. Code § 14-18-07 — ND Code / Title 14 / Chapter 14-18 / Section 14-18-07
14-18-07. Succession and gift rights
Status: repealed

14-18-07. Succession and gift rights

Repealed by S.L. 2005, ch. 135, § 11.
N.D. Cent. Code § 14-09-27 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-27
14-09-27. State disbursement unit fund - Continuing appropriation - Correction of errors
Status: repealed

14-09-27. State disbursement unit fund - Continuing appropriation - Correction of

errors.

Repealed by S.L. 1999, ch. 141, § 26.
N.D. Cent. Code § 14-18-02 — ND Code / Title 14 / Chapter 14-18 / Section 14-18-02
14-18-02. Maternity
Status: repealed

14-18-02. Maternity

Repealed by S.L. 1995, ch. 158, § 3.
N.D. Cent. Code § 14-20-56 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-56
14-20-56. (635) Dismissal for want of prosecution
Status: in_force

14-20-56. (635) Dismissal for want of prosecution

The court may issue an order dismissing a proceeding commenced under this chapter for

want of prosecution only without prejudice. An order of dismissal for want of prosecution

purportedly with prejudice is void and has only the effect of a dismissal without prejudice.
N.D. Cent. Code § 14-04-04 — ND Code / Title 14 / Chapter 14-04 / Section 14-04-04
14-04-04. Custody of children
Status: in_force

14-04-04. Custody of children

The court shall award the custody of the children of a marriage annulled on the ground of

fraud or force to a party based upon the best interests and welfare of the child criteria set forth

in chapter 14-09.
N.D. Cent. Code § 14-09-30 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-30
14-09-30. Parenting plans - Contents
Status: in_force

14-09-30. Parenting plans - Contents

1. In any proceeding to establish or modify a judgment providing for parenting time with a

child, the parents shall develop and file with the court a parenting plan to be included

in the court's decree. If the parents are unable to agree on a parenting plan, the court

shall issue a parenting plan considering the best interests of the child.

2. A parenting plan must include, at a minimum, provisions regarding the following or an

explanation as to why a provision is not included:

a. Decisionmaking responsibility relative to:

(1) Routine or day-to-day decisions; and

(2) Major decisions such as education, health care, and spiritual development;

b. Information sharing and access, including telephone and electronic access;

c. Legal residence of a child for school attendance;

d. Residential responsibility, parenting time, and parenting schedule, including:

(1) Holidays and days off from school, birthday, and vacation planning;

(2) Weekends and weekdays; and

(3) Summers;

e. Transportation and exchange of the child, considering the safety of the parties;

f. Procedure for review and adjustment of the plan; and

g. Methods for resolving disputes.
N.D. Cent. Code § 14-02.1-06 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-06
14-02.1-06. Soliciting abortions
Status: repealed

14-02.1-06. Soliciting abortions

Repealed by S.L. 1999, ch. 50, § 79.
N.D. Cent. Code § 14-09-08.1 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.1
14-09-08.1. Support payments - Payment to state disbursement unit - Transfer of proceedings for enforcement of decree - Procedures upon failure to pay
Status: in_force

14-09-08.1. Support payments - Payment to state disbursement unit - Transfer of

proceedings for enforcement of decree - Procedures upon failure to pay.

1. In any action in which a court orders that payments for child support be made, the

court shall provide in its order that the payments be paid to the state disbursement unit

for remittance to the obligee.

2. a. Each party subject to the order shall immediately inform the state disbursement

unit of the party's:

(1) Social security number;

(2) Residential and mailing addresses and any change of address;

(3) Telephone number;

(4) Motor vehicle operator's license number;

(5) Employer's name, address, and telephone number;

(6) Electronic mail address; and

(7) Change of any other condition which may affect the proper administration of

this chapter.

b. Each order for payment of child support must notify each party of the

requirements in subdivision a and require the party to provide the information

within ten days from the date of the order or ten days after any change in the

information.

c. In any subsequent child support enforcement or modification action between the

parties, upon sufficient showing that diligent effort has been made to ascertain the

location of a party, the court shall deem due process requirements for notice and

service to have been met, with respect to the noticed party, by delivery of written

notice to the most recent residential or employer address provided by the noticed

party pursuant to this subsection.

d. The requirements of this subsection continue in effect until all child support

obligations have been satisfied with respect to each child subject to the order.

3. Whenever there is failure to make the payments as required, the clerk of court, upon

request of the obligee or any employee of the child support agency, shall send notice

of the arrears by first-class mail, with affidavit of service, to the person required to

make the payments, or request a district judge of the judicial district to issue a citation

for contempt of court against the person who has failed to make the payments. The

citation may be served on that person by first-class mail with affidavit of service to the

person's last-known address.

4. The court of its own motion or on motion of the child support agency or the state's

attorney of the county of venue, the county of the recipient's residence, or the county

of the obligor's residence may cause a support order in the action to be transcribed

and filed with the clerk of the district court of any county in this state in which the

obligee or the obligor may reside from time to time. Thereafter, this section applies as

if the support order were issued by the district court of the county to which the support

order is transcribed. No fee may be charged for transcribing or filing a support order

under this section.
N.D. Cent. Code § 14-07-18 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-18
14-07-18. Penalty for abandonment and nonsupport
Status: repealed

14-07-18. Penalty for abandonment and nonsupport

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 14-09.4-07 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-07
14-09.4-07. Sufficiency of petition
Status: in_force

14-09.4-07. Sufficiency of petition

1. The court shall determine based on the petition under section 14-09.4-06 whether the

nonparent has pleaded a prima facie case that the nonparent:

a. Is a consistent caretaker; or

b. Has a substantial relationship with the child and denial of custody or visitation

would result in harm to the child.

2. If the court determines under subsection 1 the nonparent has not pleaded a prima

facie case, the court shall dismiss the petition.
N.D. Cent. Code § 14-07-04 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-04
14-07-04. Separate property - Rights and privileges
Status: in_force

14-07-04. Separate property - Rights and privileges

Except as otherwise provided by section 14-07-03, neither the husband nor the wife has

any interest in the property of the other, but neither can be excluded from the other's dwelling.
N.D. Cent. Code § 14-09.4-08 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-08
14-09.4-08. Notice
Status: in_force

14-09.4-08. Notice

On commencement of a proceeding, the nonparent shall give notice to each:

1. Parent of the child who is the subject of the proceeding;

2. Person having custody of the child;

3. Individual having court-ordered visitation with the child; and

4. Attorney, guardian ad litem, or similar representative appointed for the child.
N.D. Cent. Code § 14-07-13 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-13
14-07-13. Contracts made under power given by court binding on both parties
Status: in_force

14-07-13. Contracts made under power given by court binding on both parties

All contracts, sales, or encumbrances made either by the husband or the wife by virtue of

the power contemplated and granted by order of the court as provided in section 14-07-12 are

binding on both, and during such absence or imprisonment, the person acting under such power

may sue and be sued thereon. For all acts done, the property of both parties is liable, and

execution may be levied or attachment issued thereon according to statute. No suit or

proceedings may abate or in anywise be affected by the return or release of the person

confined, but that person may be permitted to prosecute or defend jointly with the other.
N.D. Cent. Code § 14-18-06 — ND Code / Title 14 / Chapter 14-18 / Section 14-18-06
14-18-06. Relation of parent and child
Status: repealed

14-18-06. Relation of parent and child

Repealed by S.L. 2005, ch. 135, § 11.
N.D. Cent. Code § 14-15.1-02 — ND Code / Title 14 / Chapter 14-15.1 / Section 14-15.1-02
14-15.1-02. Petition for relinquishment - Filing - Written consent required
Status: in_force

14-15.1-02. Petition for relinquishment - Filing - Written consent required

1. A birth parent or identified adoptive parent may file with the court a petition to

relinquish parental rights with respect to a minor child to the identified adoptive parent.

The written consent of any birth parent to the adoption must accompany the petition.

The written consent of the identified adoptive parent to assume custody must be filed

with the petition. The petition and all documents must be served upon the department,

nonpetitioning birth parents, and identified adoptive parent.

2. A petition for relinquishment, together with the written consent to adoption, may be

filed before the birth of the child to whom the petition relates.
N.D. Cent. Code § 14-09-09.8 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.8
14-09-09.8. Out-of-state wage withholding orders - Filing requirements
Status: repealed

14-09-09.8. Out-of-state wage withholding orders - Filing requirements

Repealed by S.L. 1987, ch. 183, § 16.
N.D. Cent. Code § 14-05-29 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-29
14-05-29. Revocation of decree of separation - Divorce granted
Status: in_force

14-05-29. Revocation of decree of separation - Divorce granted

At any time after a decree for separation has been granted, the court may revoke the

decree based upon any regulations or restrictions the court imposed in the decree. Application

for revocation may be made by either party to the decree. The party making the application for

revocation shall provide to the other party to the decree at least ten days' and not more than

twenty days' notice of the application. Service must be made in the same manner as service of

a summons in a civil action. If it appears to the court at the hearing of the application that

reconciliation between the parties to the marriage is improbable, the court shall revoke the

separation decree and, in lieu of that decree, shall render a decree divorcing the parties. If the

court has not previously done so, the court shall provide for the equitable division of the

property, shall make orders with respect to any minor children, and may provide for the payment

of support to either party by the other.
N.D. Cent. Code § 14-02.5-06 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-06
14-02.5-06. Disability
Status: in_force

14-02.5-06. Disability

1. A person may not discriminate in the sale or rental of, or make unavailable or deny, a

dwelling to any buyer or renter because of a disability of the buyer or renter; of an

individual residing in or intending to reside in that dwelling after it is sold, rented, or

made available; or of any individual associated with the buyer or renter.

2. A person may not discriminate against an individual in the terms, conditions, or

privileges of sale or rental of a dwelling or in the provision of services or facilities in

connection with the dwelling because of a disability of that individual; of an individual

residing in or intending to reside in that dwelling after it is sold, rented, or made

available; or of any individual associated with that individual.

3. In this section, discrimination includes:

a. A refusal to permit, at the expense of the individual having a disability, a

reasonable modification of existing premises occupied or to be occupied by the

individual if the modification may be necessary to afford the individual full

enjoyment of the premises, except that, in the case of a rental, the landlord may

condition, when it is reasonable to do so, permission for a modification on the

renter agreeing to restore the interior of the premises to the condition that existed

before the modification, reasonable wear and tear excepted;

b. A refusal to make a reasonable accommodation in rules, policies, practices, or

services if the accommodation may be necessary to afford the individual equal

opportunity to use and enjoy a dwelling; or

c. The failure to design and construct a covered multifamily dwelling in a manner

that allows the public use and common use portions of the dwellings to be readily

accessible to and usable by individuals having a disability; that allows all doors

designed to allow passage into and within all premises within the dwellings to be

sufficiently wide to allow passage by an individual who has a disability and who is

in a wheelchair; and that provides all premises within the dwellings contain the

following features of adaptive design:

(1) An accessible route into and throughout the dwelling;

(2) Light switches, electrical outlets, thermostats, and other environmental

controls in accessible locations;

(3) Reinforcements in bathroom walls to allow later installation of grab bars; and

(4) Kitchens and bathrooms that are usable and have sufficient space in which

an individual in a wheelchair can maneuver.

4. Compliance with the appropriate requirements of the American national standard for

buildings and facilities providing accessibility and usability for individuals having

physical disabilities, commonly cited as "ANSI A 117.1 (1986)", satisfies the

requirements of adaptive design in subdivision c of subsection 3.

5. The adaptive design requirements of subdivision c of subsection 3 do not apply to a

building the first occupancy of which occurred on or before March 13, 1991.

6. This section does not require a dwelling to be made available to an individual whose

tenancy would constitute a direct threat to the health or safety of other individuals

whose tenancy would result in substantial physical damage to the property of others.

7. Covered multifamily dwellings are buildings consisting of four or more units if the

buildings have one or more elevators and ground floor units in other buildings

consisting of four or more units.
N.D. Cent. Code § 14-12.2-03.1 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-03.1
14-12.2-03.1. (105) Application of chapter to resident of foreign country and foreign support proceeding
Status: in_force

14-12.2-03.1. (105) Application of chapter to resident of foreign country and foreign

support proceeding.

1. A tribunal of this state shall apply sections 14-12.2-01 through 14-12.2-46.4 and, as

applicable, sections 14-12.2-47.1 through 14-12.2-47.13, to a support proceeding

involving:

a. A foreign support order;

b. A foreign tribunal; or

c. An obligee, obligor, or child residing in a foreign country.

2. A tribunal of this state that is requested to recognize and enforce a support order on

the basis of comity may apply the procedural and substantive provisions of sections

14-12.2-01 through 14-12.2-46.4.

3. Sections 14-12.2-47.1 through 14-12.2-47.13 apply only to a support proceeding

subject to the convention. In such a proceeding, if a provision of sections 14-12.2-47.1

through 14-12.2-47.13 is inconsistent with a provision of sections 14-12.2-01 through

14-12.2-46.4, sections 14-12.2-47.1 through 14-12.2-47.13 control.
N.D. Cent. Code § 14-14.1-08 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-08
14-14.1-08. (109) Appearance and limited immunity
Status: in_force

14-14.1-08. (109) Appearance and limited immunity

1. A party to a child custody proceeding, including a modification proceeding, or a

petitioner or respondent in a proceeding to enforce or register a child custody

determination is not subject to personal jurisdiction in this state for another proceeding

or purpose solely by reason of having participated, or of having been physically

present for the purpose of participating, in the proceeding.

2. A person who is subject to personal jurisdiction in this state on a basis other than

physical presence is not immune from service of process in this state. A party present

in this state who is subject to the jurisdiction of another state is not immune from

service of process allowable under the laws of that state.

3. The immunity granted by subsection 1 does not extend to civil litigation based on acts

unrelated to the participation in a proceeding under this chapter committed by an

individual while present in this state.
N.D. Cent. Code § 14-05-24.2 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-24.2
14-05-24.2. Summary real estate disposition judgment
Status: in_force

14-05-24.2. Summary real estate disposition judgment

1. If real estate is described in a judgment and decree of divorce, the court may direct

either of the parties or their legal counsel to prepare and submit to the court, in a form

prescribed by the court, a proposed summary real estate disposition judgment. Upon

approval by the court and filing of the summary real estate disposition judgment with

the clerk of court, the clerk of court shall provide to any party upon request certified

copies of the summary real estate disposition judgment.

2. A summary real estate disposition judgment must contain the following information:

a. The full caption and file number of the case and the title "Summary Real Estate

Disposition Judgment";

b. The dates of the parties' marriage and of the entry of the judgment and decree of

divorce;

c. The names of the parties' attorneys or if either or both appeared pro se;

d. The name of the judge and referee, if any, who signed the order for judgment and

decree;

e. Whether the judgment and decree resulted from a stipulation, a default, or a trial

and the appearances at the default or trial;

f. If the judgment and decree resulted from a stipulation, whether the real property

was described by a legal description;

g. If the judgment and decree resulted from a default, whether the petition contained

the legal description of the property and whether disposition was made in

accordance with the request for relief;

h. Whether the summons and petition were served personally upon the respondent

in accordance with the North Dakota Rules of Civil Procedure;

i. If the summons and petition were served on the respondent only by publication,

the name of each legal newspaper and county in which the summons and petition

were published and the dates of publications;

j. Whether either party changed the party's name through the judgment and decree;

k. The legal description of each parcel of real estate;

l. The name or names of the persons awarded an interest in each parcel of real

estate and a description of the interest awarded;

m. Liens, mortgages, encumbrances, or other interests in the real estate described

in the judgment and decree; and

n. Triggering or contingent events set forth in the judgment and decree affecting the

disposition of each parcel of real estate.

3. a. On the court's own motion or on application by an interested person, the court

shall issue an order authorizing the clerk of court to issue an amended summary

real estate disposition judgment to correct an erroneous legal description of real

estate contained in the judgment and decree of divorce.

b. An application to correct a legal description under this subdivision must contain:

(1) The erroneous legal description contained in the judgment and decree;

(2) The correct legal description of the real estate;

(3) Written evidence satisfactory to the court to show the correct legal

description, or a request for an evidentiary hearing to produce evidence of

the correct legal description; and

(4) A proposed amended summary real estate disposition judgment.

c. The court shall consider an application under this subsection on an expedited

basis. The court's order must be based on the evidence provided in the

application, the evidence produced at an evidentiary hearing, or the evidence

already in the record of the proceeding. If the court is satisfied that an erroneous

legal description should be corrected under this subsection, the court may issue

its order without a hearing or notice to any person. A filing fee is not required for

an application under this subsection. The court's order must be treated as an

amendment of the court's findings of fact regarding the legal description of the

property in question, without the need to amend the original judgment and

decree. The court shall issue the order if the court specifically finds that the court

had jurisdiction over the respondent in the divorce proceeding and that the

property was sufficiently identified in the original proceedings to prevent prejudice

to the rights of either party to the divorce and that the amendment will not

prejudice their rights. The court's order is effective retroactive to the date of entry

of the original judgment and decree of divorce.

d. An amended summary real estate disposition judgment must be treated the same

as the prior summary real estate disposition judgment for all purposes.

e. On request by any interested person, the clerk of court shall provide a certified

copy of an amended summary real estate disposition judgment showing the

correct legal description of the real property affected by the judgment and decree.

f. This subsection may not be used to add omitted property to a judgment and

decree of divorce, unless the court determines that the omitted property is an

integral or appurtenant part of real property already properly included in the

judgment and decree.

4. An order or provision in a judgment and decree that provides that the judgment and

decree must be recorded in the office of the county recorder means, if a summary real

estate disposition judgment has been approved by the court, that the summary real

estate disposition judgment, rather than the judgment and decree, must be recorded in

the office of the county recorder.

5. The summary real estate disposition judgment operates as a conveyance and transfer

of each interest in the real estate in the manner and to the extent described in the

summary real estate disposition judgment. A summary real estate disposition

judgment, or an amended summary real estate disposition judgment that supersedes

an earlier judgment, is prima facie evidence of the facts stated in the summary real

estate disposition judgment. A purchaser for value without notice of any defect in the

divorce proceedings may rely on a summary real estate disposition judgment or a later

amended summary real estate disposition judgment to establish the facts stated in the

judgment.

6. If a conflict exists between the judgment and decree and the summary real estate

disposition judgment, the summary real estate disposition judgment recorded in the

office of the county recorder controls as to the interest acquired in real estate by any

subsequent purchaser in good faith and for a valuable consideration, who is in

possession of the interest or whose interest is recorded with the county recorder,

before the recording of the judgment and decree in the office of the county recorder.
N.D. Cent. Code § 14-09.3-17 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-17
14-09.3-17. (307) Grant of limited contact
Status: in_force

14-09.3-17. (307) Grant of limited contact

On motion of a deploying parent, and in accordance with the laws of this state other than

this chapter, unless the court finds that the contact would be contrary to the best interests of the

child, a court shall grant limited contact to a nonparent who is a family member of the child or an

individual with whom the child has a close and substantial relationship.
N.D. Cent. Code § 14-14.1-03 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-03
14-14.1-03. (104) Application to Indian tribes
Status: in_force

14-14.1-03. (104) Application to Indian tribes

1. A child custody proceeding that pertains to an Indian child as defined in the Indian

Child Welfare Act [25 U.S.C. 1901 et seq.] is not subject to this chapter to the extent

that it is governed by the Indian Child Welfare Act.

2. A court of this state shall treat a tribe as if it were a state for the purpose of applying

sections 14-14.1-01 through 14-14.1-21.

3. A child custody determination made by a tribe under factual circumstances in

substantial conformity with the jurisdictional standards of this chapter must be

recognized and enforced under sections 14-14.1-22 through 14-14.1-37.
N.D. Cent. Code § 14-03-05 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-05
14-03-05. Definition of a Negro person
Status: repealed

14-03-05. Definition of a Negro person

Repealed by S.L. 1955, ch. 126, § 2.
N.D. Cent. Code § 14-09-08.9 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.9
14-09-08.9. Request for review - Notice of right to request review
Status: in_force

14-09-08.9. Request for review - Notice of right to request review

An obligor or an obligee may request review under section 14-09-08.4, by applying to the

child support agency for child support services, and indicating, in the manner there provided, a

desire to have a child support order reviewed. Each judgment or order issued by a court in this

state which includes an order for child support must include a statement advising of the right to

request a review under this section. If a party to a child support matter is receiving services from

the child support agency and an order for current child support has issued out of that matter, the

child support agency shall provide notice of the right to request a review or further review of that

child support order, to the obligor and obligee, not more than three years after the most recent

child support order, review of that child support order, or notice of right to request a review of

that child support order.
N.D. Cent. Code § 14-03-02 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-02
14-03-02. Lawful age for marriage
Status: in_force

14-03-02. Lawful age for marriage

Any unmarried person of the age of eighteen years or more, and not otherwise disqualified,

is capable of consenting to and consummating a marriage. If a person is sixteen to eighteen

years of age, a marriage license may not be issued without the consent of the parents or

guardian, if there are any. A marriage license may not be issued to any person below the age of

sixteen, notwithstanding the consent of the parents or guardian of said person.
N.D. Cent. Code § 14-06.1-14 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-14
14-06.1-14. Displaced homemaker account - Creation
Status: in_force

14-06.1-14. Displaced homemaker account - Creation

There is hereby created in the department a displaced homemaker's account. The

superintendent may apply for and accept any funds, grants, gifts, or services made available for

displaced homemakers by any agency or department of the federal government or any private

agency or individual. The funds, grants, gifts, dissolution of marriage fee assessments, or

moneys received from services received pursuant to this section must be placed in the

displaced homemaker account and may be spent within the limits of legislative appropriations.
N.D. Cent. Code § 14-10.2-02 — ND Code / Title 14 / Chapter 14-10.2 / Section 14-10.2-02
14-10.2-02. Limited removal of disability of minors
Status: in_force

14-10.2-02. Limited removal of disability of minors

Any written obligation signed by a minor sixteen or more years of age in consideration of an

educational loan received by the minor from any person is enforceable as if the minor was an

adult at the time of execution, but only if prior to the making of the educational loan an

educational institution has certified in writing to the person making the educational loan that the

minor is enrolled, or has been accepted for enrollment, in the educational institution.
N.D. Cent. Code § 14-09-09.32 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.32
14-09-09.32. Agreements to waive child support
Status: reserved

14-09-09.32. Agreements to waive child support

1. An agreement purporting to relieve an obligor of any current or future duty of child

support is void and may not be enforced. An agreement purporting to waive past-due

child support is void and may not be enforced unless the child support obligee and any

assignee of the obligee have consented to the agreement in writing and the agreement

has been approved by a court of competent jurisdiction. A copy of the order of

approval must be provided to the state disbursement unit. As used in this section,

"child support" does not include spousal support.

2. In a judgment for divorce or other relief under this title in any matter in which the child

and both of the child's parents do not reside together, a court shall establish a child

support obligation unless the child support agency requests the issue of child support

be reserved. Notwithstanding subsection 1, the court may issue a stay of any further

accruals under a child support order if the court finds the stay would be in the best

interests of the child. Avoidance of income withholding or the requirement to make any

child support payment through the state disbursement unit is not a proper basis to stay

a child support obligation under this subsection. A child support obligation that is

stayed under this subsection may be reinstated on a prospective basis as provided

under the terms of the stay or at any time by order of the court or upon declaration of

any party. The party filing the declaration shall provide a copy of the declaration to any

other party to the action and to the state disbursement unit.
N.D. Cent. Code § 14-12.2-29 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-29
14-12.2-29. (317) Communications between tribunals
Status: in_force

14-12.2-29. (317) Communications between tribunals

A tribunal of this state may communicate with a tribunal outside this state in a record, or by

telephone or other means, to obtain information concerning the laws, the legal effect of a

judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this state

may furnish similar information by similar means to a tribunal outside this state.
N.D. Cent. Code § 14-01-01 — ND Code / Title 14 / Chapter 14-01 / Section 14-01-01
14-01-01. Person without understanding - Contract rights - Liability for necessaries
Status: in_force

14-01-01. Person without understanding - Contract rights - Liability for necessaries

A person entirely without understanding has no power to make a contract of any kind, but is

liable for the reasonable value of things furnished to the person necessary for the person's

support or the support of the person's family.
N.D. Cent. Code § 14-02.5-10 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-10
14-02.5-10. Religious organization, private club, and appraisal exemption
Status: in_force

14-02.5-10. Religious organization, private club, and appraisal exemption

1. This chapter does not prohibit a religious organization, association, or society or a

nonprofit institution or organization operated, supervised, or controlled by or in

conjunction with a religious organization, association, or society from limiting the sale,

rental, or occupancy of dwellings that it owns or operates for other than a commercial

purpose to individuals of the same religion or giving preference to persons of the same

religion, unless membership in the religion is restricted because of race, color, or

national origin.

2. This chapter does not prohibit a private club that is not in fact open to the public and

that, as an incident to its primary purpose, provides lodging that it owns or operates for

other than a commercial purpose from limiting the rental or occupancy of the lodging to

its members or from giving preference to its members, unless membership in the club

is restricted because of race, color, or national origin.

3. This chapter does not prohibit a person engaged in the business of furnishing

appraisals of real property from considering in those appraisals factors other than

race, color, religion, sex, disability, age, familial status, national origin, or status with

respect to marriage or public assistance.
N.D. Cent. Code § 14-05-07 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-07
14-05-07. Willful neglect defined
Status: in_force

14-05-07. Willful neglect defined

Willful neglect is the failure of either spouse to provide for the common necessaries of life

for the other party, when that spouse has the ability to do so and the party alleging neglect does

not have the ability, or when a spouse fails to provide by reason of idleness, profligacy, or

dissipation.
N.D. Cent. Code § 14-02.4-05 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-05
14-02.4-05. Labor organization's discriminatory practices
Status: in_force

14-02.4-05. Labor organization's discriminatory practices

It is a discriminatory practice for a labor organization to deny full and equal membership

rights to an applicant for membership or to a member; to expel, suspend, or otherwise discipline

a member; or to accord adverse, unlawful, or unequal treatment to a person with respect to the

person's hiring, apprenticeship, training, tenure, compensation, upgrading, layoff, or a term or

condition of employment because of race, color, religion, sex, national origin, age, physical or

mental disability, or status with respect to marriage or public assistance.
N.D. Cent. Code § 14-20-30 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-30
14-20-30. (506) Costs of genetic testing
Status: in_force

14-20-30. (506) Costs of genetic testing

1. Subject to assessment of costs under sections 14-20-36 through 14-20-58, the cost of

initial genetic testing must be advanced:

a. By a support enforcement agency in a proceeding in which the support

enforcement agency is providing services;

b. By the individual who made the request;

c. As agreed by the parties; or

d. As ordered by the court.

2. In cases in which the cost is advanced by the support enforcement agency, the agency

may seek reimbursement from a man who is rebuttably identified as the father.
N.D. Cent. Code § 14-02.1-05 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-05
14-02.1-05. Preserving life of a viable child - Penalty
Status: in_force

14-02.1-05. Preserving life of a viable child - Penalty

An abortion of a viable child may be performed only when there is in attendance a physician

other than the physician performing the abortion who shall take control and provide immediate

medical care for the viable child born as a result of the abortion. The physician performing it,

and subsequent to the abortion, the physician required by this section to be in attendance, shall

take all reasonable steps in keeping with good medical practice, consistent with the procedure

used, to preserve the life and health of the unborn child. Failure to do so is a class C felony.
N.D. Cent. Code § 14-15-06 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-06
14-15-06. Individuals as to whom consent not required - Notice of hearing
Status: in_force

14-15-06. Individuals as to whom consent not required - Notice of hearing

1. Consent to adoption is not required of:

a. A parent who has deserted a child without affording means of identification or

who has abandoned a child.

b. A parent of a child in the custody of another, if the parent for a period of at least

one year has failed significantly without justifiable cause:

(1) To communicate with the child; or

(2) To provide for the care and support of the child as required by law or judicial

decree.

c. The father of a minor if the father's consent is not required by subdivision b of

subsection 1 of section 14-15-05.

d. A parent who has relinquished that parent's right to consent under section

14-15-19.

e. A parent whose parental rights have been terminated by order of court under

section 14-15-19.

f. A parent judicially declared incompetent or mentally defective if the court

dispenses with the parent's consent.

g. Any parent of the individual to be adopted, if the individual is an adult.

h. Any legal guardian or lawful custodian of the individual to be adopted, other than

a parent, who has failed to respond in writing to a request for consent for a period

of sixty days or who, after examination of the guardian's or custodian's written

reasons for withholding consent, is found by the court to be withholding consent

unreasonably.

i. The spouse of the individual to be adopted, if the failure of the spouse to consent

to the adoption is excused by the court by reason of prolonged unexplained

absence, unavailability, incapacity, or circumstances constituting an unreasonable

withholding of consent.

j. A parent of the minor, if the failure of the parent to consent is excused by the

court in the best interest of the child by reason of the parent's prolonged

unexplained absence, unavailability, incapacity, or significant failure, without

justifiable cause, to establish a substantial relationship with the minor or to

manifest a significant parental interest in the minor, or by reason of inability of the

court to identify the parent.

2. Except as provided in section 14-15-11, notice of hearing on a petition for adoption

need not be given to an individual whose consent is not required or to an individual

whose consent or relinquishment has been filed with the petition.
N.D. Cent. Code § 14-09.4-10 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-10
14-09.4-10. Emergency order
Status: in_force

14-09.4-10. Emergency order

On finding that a party or a child who is the subject of a proceeding is in danger of imminent

harm, the court may expedite the proceeding and issue an emergency order.
N.D. Cent. Code § 14-07.7-06 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-06
14-07.7-06. Temporary domestic violence protection order
Status: in_force

14-07.7-06. Temporary domestic violence protection order

1. If the petition for relief alleges reasonable grounds to believe a respondent engaged in

domestic violence, the court, pending a full hearing, may grant a temporary domestic

violence protection order that may include provisions:

a. Restraining the respondent from having contact with or committing acts of

domestic violence on another individual.

b. Excluding the respondent from the residence of another individual or from a place

necessary to ensure the safety of the protected individual.

c. Awarding temporary primary residential responsibility or establishing temporary

parenting time with regard to minor children.

d. Requiring the respondent to surrender for safekeeping any firearm or other

specified dangerous weapon, as defined in section 12.1-01-04, which is in the

respondent's possession, custody, or control, if the court has probable cause to

believe the respondent is likely to use, display, or threaten to use the firearm or

other dangerous weapon in further acts of violence.

2. If ordered to surrender a firearm or other dangerous weapon, the respondent shall

surrender the firearm or dangerous weapon within twenty-four hours of being served

or upon the request of a law enforcement officer, whichever is sooner, to:

a. The sheriff, or the sheriff's designee, of the county in which the respondent

resides; or

b. The chief of police, or the chief's designee, of the city in which the respondent

resides.

3. If the respondent is ordered to surrender a firearm or other dangerous weapon and

fails to do so within twenty-four hours, a law enforcement officer may arrest the

respondent in accordance with section 14-07.7-18 and take possession of the firearm

or dangerous weapon.

4. A temporary domestic violence protection order may be entered only against the

respondent named in the petition.

5. The court may issue a temporary domestic violence protection order without giving

notice to the respondent.

6. Unless otherwise terminated by the court, the temporary domestic violence protection

order is in effect until a protection order issued under section 14-07.7-07 is served.
N.D. Cent. Code § 14-07.3-02 — ND Code / Title 14 / Chapter 14-07.3 / Section 14-07.3-02
14-07.3-02. Confidentiality of information concerning a minor
Status: in_force

14-07.3-02. Confidentiality of information concerning a minor

Except as provided in section 14-07.3-03, a counseling center may not disclose private

information concerning a minor to the parent, guardian, or custodian of the minor unless the

minor authorizes the counseling center to disclose the information or the disclosure of the

information is necessary for a party reasonably believed to be in need of protection.
N.D. Cent. Code § 14-05-24 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-24
14-05-24. Division of property and debts
Status: in_force

14-05-24. Division of property and debts

1. When a divorce is granted, the court shall make an equitable distribution of the

property and debts of the parties. Except as may be required by federal law for specific

property, the valuation date for marital property and debt is the date mutually agreed

upon between the parties. If the parties do not mutually agree upon a valuation date,

the valuation date for marital property and debt is sixty days before the initially

scheduled trial date. If there is a substantial change in value of an asset or debt

between the date of valuation and the date of trial, the court may adjust the valuation

of that asset or debt as necessary to effect an equitable distribution and shall make

specific findings that another date of valuation is fair and equitable.

2. If one party to the divorce is covered by the civil service retirement system or other

government pension system in lieu of social security and is not entitled to receive full

social security benefits and the other party is a social security recipient, in making an

equitable distribution award, the court shall compute what the present value of the

social security benefits would have been to the party with the government pension

during the covered period and subtract that amount from the value of the government

pension in order to determine the government pension's marital portion.

3. The court may redistribute property and debts in a postjudgment proceeding if a party

has failed to disclose property and debts as required by rules adopted by the supreme

court or the party fails to comply with the terms of a court order distributing property

and debts.
N.D. Cent. Code § 14-07.1-10 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-10
14-07.1-10. Arrest procedures
Status: in_force

14-07.1-10. Arrest procedures

1. If a law enforcement officer has probable cause to believe that a person has

committed a crime involving domestic violence, whether the offense is a felony or

misdemeanor, and whether or not the crime was committed in the presence of the

officer, the law enforcement officer shall presume that arresting the person is the

appropriate response.

2. A law enforcement officer investigating a crime involving domestic violence may not

threaten, suggest, or otherwise indicate, for the purpose of discouraging requests for

law enforcement intervention, that family or household members will be arrested.

When complaints are received from two or more family or household members, the

officer shall evaluate each complaint separately to determine if either party acted in

self-defense as defined in section 12.1-05-03. If self-defense is not a factor, to

determine whether to seek an arrest warrant or to pursue further investigation, the

officer shall consider which party was the predominant aggressor by considering

certain factors, including the comparative severity of injuries involved, any history of

domestic violence, or any other violent acts that the officer can reasonably ascertain

and the likelihood of future harm.

3. An individual arrested for a crime involving domestic violence may not be released on

bail or on the individual's personal recognizance unless the individual has made a

personal appearance before a magistrate pursuant to rule 5 of the North Dakota Rules

of Criminal Procedure.
N.D. Cent. Code § 14-08-03 — ND Code / Title 14 / Chapter 14-08 / Section 14-08-03
14-08-03. Procedure for action
Status: in_force

14-08-03. Procedure for action

The practice in an action against a husband or wife to provide support for that person's

spouse and minor children must conform as nearly as may be to the practice in actions for

divorce.
N.D. Cent. Code § 14-05-25.2 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-25.2
14-05-25.2. Enforcement of support order
Status: in_force

14-05-25.2. Enforcement of support order

Any order or judgment for the support of a spouse or former spouse entered under this

chapter may be enforced by any means permitted under section 459 of the Social Security Act

[Pub. L. 93-647; 88 Stat. 2357; 42 U.S.C. 659] and not forbidden under title 32. Any such order

or judgment may also be enforced in any manner provided for the enforcement of an order for

the payment of child support under chapter 14-09 to the fullest extent permitted under section

459 of the Social Security Act [Pub. L. 93-647; 88 Stat. 2357; 42 U.S.C. 659]. For purposes of

enforcement under chapter 14-09, the order for support of a spouse or former spouse must be

treated as though it were an order for child support.
N.D. Cent. Code § 14-09.2-02 — ND Code / Title 14 / Chapter 14-09.2 / Section 14-09.2-02
14-09.2-02. Appointment of parenting coordinator
Status: in_force

14-09.2-02. Appointment of parenting coordinator

In any action for divorce, legal separation, paternity, or guardianship in which children are

involved, the court, upon its own motion or by motion or agreement of the parties, may appoint a

parenting coordinator to assist the parties in resolving disputes related to the parenting plan or

court order. A party, at any time before the appointment of a parenting coordinator, may file a

written objection to the appointment on the basis of domestic violence having been committed

by another party against the objecting party or a child who is a subject of the action. After the

objection is filed, a parenting coordinator may not be appointed unless, on the request of a

party, a hearing is held and the court finds that a preponderance of the evidence does not

support the objection. If a parenting coordinator is appointed, the court shall order appropriate

measures be taken to ensure the physical and emotional safety of all parties and children.
N.D. Cent. Code § 14-10.1-04 — ND Code / Title 14 / Chapter 14-10.1 / Section 14-10.1-04
14-10.1-04. Uniformity - Short title
Status: in_force

14-10.1-04. Uniformity - Short title

This chapter must be so construed as to effectuate its general purpose to make uniform the

laws of those states which enact it. This chapter may be cited as the Uniform Securities

Ownership by Minors Act.
N.D. Cent. Code § 14-06.1-05 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-05
14-06.1-05. Job counseling program - Design - Emphasis
Status: in_force

14-06.1-05. Job counseling program - Design - Emphasis

The service centers shall have a job counseling program for displaced homemakers. Job

counseling must be specifically designed for the person re-entering the job market after a

number of years as a homemaker. The counseling shall take into account and build upon the

skills and experiences of a homemaker. Peer counseling and job readiness, as well as skill

updating and development, must be emphasized.
N.D. Cent. Code § 14-09-08.13 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.13
14-09-08.13. Application for service
Status: in_force

14-09-08.13. Application for service

The child support agency shall take the appropriate steps to implement, modify, and enforce

an order for dependent health insurance or other medical support whenever the children receive

benefits through temporary assistance for needy families or foster care under chapter 50-09 or

medical assistance under chapter 50-24.1, or whenever application is made and accepted for

services provided by the child support agency.
N.D. Cent. Code § 14-20-58.1 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-58.1
14-20-58.1. Liability for collection of support
Status: in_force

14-20-58.1. Liability for collection of support

1. As used in this section, "former parent" means an acknowledged father who

successfully rescinded or challenged an acknowledgment of paternity under this

chapter, a presumed father whose parentage was successfully rebutted under this

chapter, or an adjudicated father whose parentage was disestablished after an order

issued under this chapter was vacated.

2. The state is not liable for child support that was collected from or on behalf of a former

parent and disbursed to an obligee as defined in section 14-09-09.10.

3. The state is not liable for child support that was collected from or on behalf of a former

parent and retained by the state unless ordered by a court after being presented with

genetic test results that would otherwise be admissible under this chapter showing that

the former parent is not the genetic parent of the child.
N.D. Cent. Code § 14-12.2-38 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-38
14-12.2-38. (604) Choice of law
Status: in_force

14-12.2-38. (604) Choice of law

1. Except as otherwise provided in subsection 4, the law of the issuing state or foreign

country governs:

a. The nature, extent, amount, and duration of current payments under a registered

support order;

b. The computation and payment of arrearages and accrual of interest on the

arrearages under the support order; and

c. The existence and satisfaction of other obligations under the support order.

2. In a proceeding for arrearages under a registered support order, the statute of

limitation of this state, or of the issuing state or foreign country, whichever is longer,

applies.

3. A responding tribunal of this state shall apply the procedures and remedies of this

state to enforce current support and collect arrears and interest due on a support order

of another state or foreign country registered in this state.

4. After a tribunal of this or another state determines which is the controlling order and

issues an order consolidating arrears, if any, a tribunal of this state shall prospectively

apply the law of the state or foreign country issuing the controlling order, including its

law on interest on arrears, on current and future support, and on consolidated arrears.
N.D. Cent. Code § 14-15-09 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-09
14-15-09. Petition for adoption
Status: in_force

14-15-09. Petition for adoption

1. A petition for adoption must be signed and verified by the petitioner, filed with the clerk

of the court, and state:

a. The date and place of birth of the individual to be adopted, if known.

b. The name to be used for the individual to be adopted.

c. The date petitioner acquired custody or date of placement of the minor and the

name of the individual placing the minor.

d. The full name, age, place, and duration of residence of the petitioner.

e. The marital status of the petitioner, including the date and place of marriage, if

married.

f. That the petitioner has facilities and resources, including those available under a

subsidy agreement, suitable to provide for the nurture and care of the minor to be

adopted, and that it is the desire of the petitioner to establish the relationship of

parent and child with the individual to be adopted.

g. A description and estimate of value of any property of the individual to be

adopted.

h. The name of any individual whose consent to the adoption is required, but who

has not consented, and facts or circumstances which excuse the lack of the

individual's consent normally required to the adoption.

i. The department as respondent.

j. The human service zone as respondent if the minor to be adopted is in the

custody of the human service zone.

2. A certified copy of the birth certificate or verification of birth record of the individual to

be adopted, if available, and the required consents and relinquishments must be filed

with the clerk.

3. Any individual filing a petition shall pay to the clerk of court a filing fee as prescribed in

subsection 1 of section 27-05.2-03.
N.D. Cent. Code § 14-13-08 — ND Code / Title 14 / Chapter 14-13 / Section 14-13-08
14-13-08. Governor to appoint compact administrator
Status: in_force

14-13-08. Governor to appoint compact administrator

As used in article VII of the Interstate Compact on the Placement of Children, the term

"executive head" means the governor. The governor is hereby authorized to appoint a compact

administrator in accordance with the terms of said article VII.
N.D. Cent. Code § 14-05-06 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-06
14-05-06. Desertion defined
Status: in_force

14-05-06. Desertion defined

Willful desertion is the voluntary separation of one of the married parties from the other with

intent to desert:

1. Persistent refusal to have reasonable matrimonial intercourse as husband and wife

when health or physical condition does not make such refusal reasonably necessary,

or the refusal of either party to dwell in the same house with the other party when there

is no just cause for such refusal, is desertion.

2. When one party is induced by the stratagem or fraud of the other party to leave the

family dwelling place or to be absent, and during such absence the offending party

departs with intent to desert the other, it is desertion by the party committing the

stratagem or fraud and not by the other.

3. Departure or absence of one party from the family dwelling place caused by cruelty or

by threats of bodily harm from which danger reasonably would be apprehended from

the other is not desertion by the absent party, but it is desertion by the other party.

4. Separation by consent, with or without the understanding that one of the parties will

apply for a divorce, is not desertion.

5. Absence or separation, proper in itself, becomes desertion whenever the intent to

desert is fixed during such absence or separation.

6. Consent to a separation is a revocable act, and if one of the parties afterwards in good

faith seeks a reconciliation and restoration but the other refuses it, such refusal is

desertion.

7. If one party deserts the other and before the expiration of the statutory period required

to make the desertion a cause of divorce returns and offers in good faith to fulfill the

marriage contract and solicits condonation, the desertion is cured. If the other party

refuses such offer and condonation, the refusal must be deemed and treated as

desertion by such party from the time of the refusal.
N.D. Cent. Code § 14-03-24 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-24
14-03-24. Certified record is evidence
Status: in_force

14-03-24. Certified record is evidence

The books of record of marriage licenses issued and certificates returned which are kept by

a recorder, unless the board of county commissioners designates a different official, serving any

county, or certified copies of such entries, and certified copies of the records of the registrar of

vital statistics, must be received as evidence in all courts, and are prima facie evidence in all

courts and places of the facts stated therein.
N.D. Cent. Code § 14-09-32 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-32
14-09-32. Parental rights and responsibilities
Status: in_force

14-09-32. Parental rights and responsibilities

1. Each parent of a child has the following rights and responsibilities:

a. Right to access and obtain copies of the child's educational, medical, dental,

religious, insurance, and other records or information.

b. Right to attend educational conferences concerning the child. This right does not

require any school to hold a separate conference with each parent.

c. Right to reasonable access to the child by written, telephonic, and electronic

means.

d. Duty to inform the other parent as soon as reasonably possible of a serious

accident or serious illness for which the child receives health care treatment. The

parent shall provide to the other parent a description of the serious accident or

serious illness, the time of the serious accident or serious illness, and the name

and location of the treating health care provider.

e. Duty to immediately inform the other parent of residential telephone numbers and

address, and any changes to the same.

f. Duty to keep the other parent informed of the name and address of the school the

child attends.

2. The court shall include in an order establishing or modifying parental rights and

responsibilities the rights and duties listed in this section; however, the court may

restrict or exclude any right or duty listed in this section if the order states the reason in

support of the restriction or exclusion. The court shall consider any domestic violence

protection orders relating to the parties when determining whether to restrict or

exclude any right or duty listed in this section.
N.D. Cent. Code § 14-06.1-03 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-03
14-06.1-03. Grants - Design and staff
Status: in_force

14-06.1-03. Grants - Design and staff

The superintendent is authorized to enter into contracts with and make grants to nonprofit

agencies or organizations to carry out the programs, as enumerated in sections 14-06.1-06,

14-06.1-07, 14-06.1-08, 14-06.1-09, and 14-06.1-10. Service centers must be designed and

staffed as follows:

1. The service centers shall provide personal and employment counseling; interpersonal

skill building; job readiness, job search, and employability training; information and

community referral services; and appropriate public information and community

education.

2. Each center must be organized to include an outreach component capable of

delivering the full range of services to groups of displaced homemakers in rural

communities.

3. Counseling services must be delivered via individual, task-oriented group, and peer

support methods. Counseling and guidance must be provided by qualified staff.

4. To the greatest extent possible, the staffing of the service centers, including

supervisory, technical, and administrative positions, must be by qualified displaced

homemakers and others trained to meet the unique needs of displaced homemakers.
N.D. Cent. Code § 14-02.6-03 — ND Code / Title 14 / Chapter 14-02.6 / Section 14-02.6-03
14-02.6-03. Exception for life of mother
Status: in_force

14-02.6-03. Exception for life of mother

Section 14-02.6-02 does not prohibit a physician from taking measures that in the

physician's medical judgment are necessary to save the life of a mother whose life is

endangered by a physical disorder, illness, or injury, if:

1. Every reasonable precaution is also taken, in this case, to save the child's life; and

2. The physician first certifies in writing, setting forth in detail the facts upon which the

physician relies in making this judgment. This certification is not required in the case of

an emergency and the procedure is necessary to preserve the life of the mother.
N.D. Cent. Code § 14-07.4-07 — ND Code / Title 14 / Chapter 14-07.4 / Section 14-07.4-07
14-07.4-07. Penalty
Status: in_force

14-07.4-07. Penalty

Violation of a protection order under this chapter is a class A misdemeanor. A second or

subsequent violation of such an order is a class C felony.
N.D. Cent. Code § 14-07-17 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-17
14-07-17. Presumption of intent to abandon
Status: in_force

14-07-17. Presumption of intent to abandon

Desertion or a failure to support a child or pregnant wife for a period of three months is

presumptive evidence of intention wholly to abandon.
N.D. Cent. Code § 14-12.2-45 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-45
14-12.2-45. (611) Modification of child support order of another state
Status: in_force

14-12.2-45. (611) Modification of child support order of another state

1. If section 14-12.2-46.1 does not apply, upon petition a tribunal of this state may modify

a child support order issued in another state which is registered in this state if, after

notice and hearing, the tribunal finds that:

a. The following requirements are met:

(1) Neither the child, nor the obligee who is an individual, nor the obligor resides

in the issuing state;

(2) A petitioner who is a nonresident of this state seeks modification; and

(3) The respondent is subject to the personal jurisdiction of the tribunal of this

state; or

b. This state is the residence of the child, or a party who is an individual is subject to

the personal jurisdiction of the tribunal of this state and all of the parties who are

individuals have filed consents in a record in the issuing tribunal for a tribunal of

this state to modify the support order and assume continuing, exclusive

jurisdiction.

2. Modification of a registered child support order is subject to the same requirements,

procedures, and defenses that apply to the modification of an order issued by a

tribunal of this state and the order may be enforced and satisfied in the same manner.

3. A tribunal of this state may not modify any aspect of a child support order that may not

be modified under the law of the issuing state, including the duration of the obligation

of support. If two or more tribunals have issued child support orders for the same

obligor and same child, the order that controls and must be so recognized under

section 14-12.2-10 establishes the aspects of the support order which are

nonmodifiable.

4. In a proceeding to modify a child support order, the law of the state that is determined

to have issued the initial controlling order governs the duration of the obligation of

support. The obligor's fulfillment of the duty of support established by that order

precludes imposition of a further obligation of support by a tribunal of this state.

5. On issuance of an order by a tribunal of this state modifying a child support order

issued in another state, the tribunal of this state becomes the tribunal having

continuing, exclusive jurisdiction.

6. Without regard to the restrictions on modification of a child support order stated in

subsection 2 of section 14-12.2-04 and this section, a tribunal of this state retains

jurisdiction to modify an order issued by a tribunal of this state if:

a. One party resides in another state; and

b. The other party resides outside the United States.
N.D. Cent. Code § 14-10.2-01 — ND Code / Title 14 / Chapter 14-10.2 / Section 14-10.2-01
14-10.2-01. Definitions
Status: in_force

14-10.2-01. Definitions

As used in this chapter:

1. "Educational institution" means a university, college, community college, junior college,

high school, technical, career and technical education or professional school, or similar

institution, wherever located, approved or accredited by the appropriate official,

department, or agency of this state for the purposes of this chapter, or by the

appropriate official, department, or agency of the state in which the institution is

located.

2. "Educational loan" means a loan or other aid or assistance for the purpose of

furthering the obligor's education at an educational institution.

3. "Person" means individual, corporation, limited liability company, government or

governmental subdivision or agency, business trust, estate, trust, partnership or

association, or any other legal entity.
N.D. Cent. Code § 14-07-10 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-10
14-07-10. Mutual liability for necessaries
Status: in_force

14-07-10. Mutual liability for necessaries

The parties to a marriage are mutually liable to any person who in good faith supplied either

party with articles necessary for their support. Such persons may recover the reasonable value

from either party except in the cases when by law one party is not liable for the support of the

other.
N.D. Cent. Code § 14-19-01 — ND Code / Title 14 / Chapter 14-19 / Section 14-19-01
14-19-01. Definitions
Status: in_force

14-19-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Birthing hospital" means a hospital licensed under chapter 23-16 which provides

obstetrical services.

2. "Department" means the department of health and human services.

3. "Donor" means a woman whose body produced an egg for the purposes of assisted

conception but does not include a woman whose body produces an egg used for the

purpose of conceiving a child for that woman.

4. "Gestational carrier" means a woman who enters into an agreement to have an

embryo implanted in her and bear the resulting child for intended parents, when the

embryo is conceived by using the egg and sperm of the intended parents.

5. "Married woman" includes a woman who attempted to marry by a marriage

solemnized in apparent compliance with law, although the attempted marriage is or

could be declared invalid.

6. "Mother" means a woman who gives birth to a child or, if pregnancy resulted from

assisted conception, the woman who is the donor but not the woman who is the

gestational carrier.

7. "Party" means the man with whom the relationship of father and child is sought or

established, the child's mother, and, for purposes of proceedings to relieve a party of

the relationship of father and child, the child.

8. "Relationship of father and child" means the legal relationship existing between a

father and the father's natural or adoptive child incident to which the law confers or

imposes rights, privileges, duties, and obligations.

9. "Voluntary paternity establishment service entity" means the department of health and

human services and any child support agency, as that term is defined in section

14-09-09.10.
N.D. Cent. Code § 14-03-23 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-23
14-03-23. Marriage registered with bureau of vital statistics
Status: repealed

14-03-23. Marriage registered with bureau of vital statistics

Repealed by S.L. 1971, ch. 148, § 2.
N.D. Cent. Code § 14-12.2-47.13 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-47.13
14-12.2-47.13. (713) Record in original language - English translation required
Status: in_force

14-12.2-47.13. (713) Record in original language - English translation required

A record filed with a tribunal of this state under sections 14-12.2-47.1 through 14-12.2-47.13

must be in the original language and, if not in English, must be accompanied by an English

translation.
N.D. Cent. Code § 14-05-26 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-26
14-05-26. Separate maintenance provided for when divorce denied
Status: in_force

14-05-26. Separate maintenance provided for when divorce denied

Though a judgment of divorce is denied, the court in an action for divorce may provide for

the maintenance of one spouse by the other and the maintenance of any or all children.
N.D. Cent. Code § 14-12.2-47.3 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-47.3
14-12.2-47.3. (703) Relationship of department of health and human services to United States central authority
Status: in_force

14-12.2-47.3. (703) Relationship of department of health and human services to United

States central authority.

The department of health and human services of this state is recognized as the agency

designated by the United States central authority to perform specific functions under the

convention.
N.D. Cent. Code § 14-09-09.29 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.29
14-09-09.29. Coordination of income withholding activities and child support case management
Status: in_force

14-09-09.29. Coordination of income withholding activities and child support case

management.

The child support agency is responsible for administration of income withholding, managing

accrual and termination dates and payment ledger adjustments on the automated system

established under section 50-09-02.1, and the receipt and disbursement of child support

payments. This section also applies to an order that does not require the payment of child

support but requires the payment of spousal support, if the court orders the spousal support be

paid through the state disbursement unit or be enforced through income withholding.
N.D. Cent. Code § 14-07.7-07 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-07
14-07.7-07. Domestic violence protection order
Status: in_force

14-07.7-07. Domestic violence protection order

1. The court may enter a domestic violence protection order if:

a. The petitioner files a petition under section 14-07.7-02;

b. The sheriff serves the respondent with a copy of the temporary domestic violence

protection order issued under section 14-07.7-06 and with notice of the time and

place of the hearing;

c. The court sets a hearing for no later than fourteen days after issuance of the

temporary domestic violence protection order or at a later date if good cause is

shown; and

d. The court finds after the hearing that:

(1) The relationship between the respondent and protected individual is

sufficient to warrant protection; and

(2) There was a showing of actual or imminent domestic violence.

2. The relief provided in the domestic violence protection order may include:

a. Restraining any party from threatening, molesting, injuring, harassing, or having

contact with any other individual.

b. Excluding the respondent from the residence of another individual or from a place

necessary to ensure the safety of the protected individual.

c. Awarding temporary primary residential responsibility or establishing temporary

parenting time with regard to minor children.

d. Recommending or requiring that the respondent complete a domestic violence

offender assessment and attend a domestic violence intervention program as

determined appropriate by the court. The court may request a report from the

designated program within a time period established by the court. The costs of

the court-ordered assessment and subsequent reports must be borne by the

respondent or, if indigent, by the respondent's county of residence.

e. Requiring a party to pay any support necessary for the support of a party and any

minor children of the parties and reasonable attorney fees and costs.

f. Awarding temporary use of personal property, including motor vehicles, to either

party.

g. Requiring the respondent to surrender for safekeeping any firearm or other

specified dangerous weapon, as defined in section 12.1-01-04, in the

respondent's possession, custody, or control, if the court has probable cause to

believe the respondent is likely to use, display, or threaten to use the firearm or

other dangerous weapon in further acts of violence. If ordered to surrender a

firearm or other dangerous weapon, the respondent shall surrender the firearm or

dangerous weapon within twenty-four hours of being served or upon the request

of a law enforcement officer, whichever is sooner, to:

(1) The sheriff, or the sheriff's designee, of the county in which the respondent

resides; or

(2) The chief of police, or the chief's designee, of the city in which the

respondent resides.

3. If the respondent is ordered to surrender a firearm or other dangerous weapon and

fails to do so within twenty-four hours, a law enforcement officer may arrest the

respondent in accordance with section 14-07.7-18 and take possession of the firearm

or dangerous weapon.
N.D. Cent. Code § 14-02-09 — ND Code / Title 14 / Chapter 14-02 / Section 14-02-09
14-02-09. Defamation by visual or radio broadcast - Limitation of liability
Status: in_force

14-02-09. Defamation by visual or radio broadcast - Limitation of liability

The owner, licensee, or operator of a visual or sound radio broadcasting station or network

of stations, and the agents or employees of any such owner, licensee, or operator, are not liable

for any damages for any defamatory statement published or uttered in or as a part of a visual or

sound radio broadcast, by one other than such owner, licensee, or operator, or agent or

employee thereof.
N.D. Cent. Code § 14-15-12 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-12
14-15-12. Required residence of minor
Status: in_force

14-15-12. Required residence of minor

1. A final decree of adoption may not be issued and an interlocutory decree of adoption

does not become final, until the minor to be adopted, other than a stepchild of the

petitioner, has lived in the adoptive home:

a. For at least six months after placement by an agency;

b. For six months after placement by a parent in accordance with an identified

relinquishment under chapter 14-15.1;

c. As a foster child for at least six months and has been placed for adoption by an

agency; or

d. For at least six months after the department and human service zone or the court

has been informed of the custody of the minor by the petitioner, and the

department and human service zone or the court has had an opportunity to

observe or investigate the adoptive home.

2. If a child who has been placed for adoption dies before the six-month residency

requirement of subsection 1 is met, the court may grant the final decree of adoption

upon a finding that a proper and legitimate reason exists for granting the final decree.
N.D. Cent. Code § 14-09-09.25 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.25
14-09-09.25. Requests by obligee for income withholding - Approval - Procedures and standards
Status: in_force

14-09-09.25. Requests by obligee for income withholding - Approval - Procedures and

standards.

1. An obligee may apply to the child support agency for approval of an income

withholding request. The income of the obligor becomes subject to income withholding

on the date an approved request is made.

2. The child support agency shall establish procedures and standards for the approval of

obligee requests for income withholding. The standards established must include

consideration of:

a. An obligor's threat to discontinue child support payments; and

b. An obligor's having made child support payments sufficient to avoid a

delinquency but insufficient to conform to the ordered amount.

3. Upon application of an obligee requesting income withholding, the child support

agency shall promptly approve or disapprove the request. The child support agency

may not approve the obligee's request in a case where the court has determined that

there is good cause not to require immediate income withholding unless the court first

changes its determination.
N.D. Cent. Code § 14-09-09.22 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.22
14-09-09.22. Interstate income withholding - Form - Service on income payor - Termination of order
Status: repealed

14-09-09.22. Interstate income withholding - Form - Service on income payor -

Termination of order.

Repealed by S.L. 1995, ch. 157, § 4.
N.D. Cent. Code § 14-02.5-39 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-39
14-02.5-39. Civil action
Status: in_force

14-02.5-39. Civil action

1. An aggrieved person may file a civil action in district court not later than the second

year after the date of the occurrence or the termination of an alleged discriminatory

housing practice or the breach of a conciliation agreement entered under this chapter,

whichever occurs last, to obtain appropriate relief with respect to the discriminatory

housing practice or breach.

2. The two-year period does not include any time during which an administrative hearing

under this chapter is pending with respect to a complaint or charge under this chapter

based on the discriminatory housing practice. This subsection does not apply to

actions arising from the breach of a conciliation agreement.

3. An aggrieved person may file a claim for relief whether a complaint has been filed

under section 14-02.5-18 and without regard to the status of any complaint filed under

that section.

4. If the department has obtained a conciliation agreement with the consent of an

aggrieved person, the aggrieved person may not file a claim for relief with respect to

the alleged discriminatory housing practice that forms the basis of the complaint

except to enforce the terms of the agreement.

5. An aggrieved person may not file a claim for relief with respect to an alleged

discriminatory housing practice that forms the basis of a charge issued by the

department if the department has begun a hearing on the record under this chapter

with respect to the charge.
N.D. Cent. Code § 14-10-01 — ND Code / Title 14 / Chapter 14-10 / Section 14-10-01
14-10-01. Minors defined
Status: in_force

14-10-01. Minors defined

Minors are persons under eighteen years of age. In this code, unless otherwise specified,

the term "child" means "minor". Age must be calculated from the first minute of the day on which

persons are born to the same minute of the corresponding day completing the period of

minority.
N.D. Cent. Code § 14-20-66 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-66
14-20-66. (901) Uniformity of application and construction
Status: in_force

14-20-66. (901) Uniformity of application and construction

In applying and construing this chapter, consideration must be given to the need to promote

uniformity of the law with respect to its subject matter among states that enact it.
N.D. Cent. Code § 14-15-03 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-03
14-15-03. Who may adopt
Status: in_force

14-15-03. Who may adopt

The following individuals may adopt:

1. A husband and wife together although one or both are minors.

2. An unmarried adult.

3. The unmarried father or mother of the individual to be adopted.

4. A married individual without the other spouse joining as a petitioner, if the individual to

be adopted is not the adopting person's spouse, and if:

a. The petitioner is a stepparent of the individual to be adopted and the biological or

legal parent of the individual to be adopted consents;

b. The petitioner and the other spouse are legally separated; or

c. The failure of the other spouse to join in the petition or to consent to the adoption

is excused by the court by reason of prolonged unexplained absence,

unavailability, incapacity, or circumstances constituting an unreasonable

withholding of consent.
N.D. Cent. Code § 14-02.5-40 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-40
14-02.5-40. Court-appointed attorney
Status: in_force

14-02.5-40. Court-appointed attorney

On application by a person alleging a discriminatory housing practice or by a person against

whom a discriminatory housing practice is alleged, the court may appoint an attorney for the

person.
N.D. Cent. Code § 14-09-06.3 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-06.3
14-09-06.3. Parenting investigations and reports - Costs
Status: in_force

14-09-06.3. Parenting investigations and reports - Costs

1. In contested proceedings dealing with parental rights and responsibilities the court,

upon the request of either party, or, upon its own motion, may appoint a parenting

investigator and order an investigation and report concerning parenting rights and

responsibilities regarding the child. The supreme court shall adopt rules establishing

the minimum qualifications of a parenting investigator and maintain and make

available to the public a roster of individuals eligible to serve as a parenting

investigator. The roster must include each individual's name, address, and telephone

number. The parenting investigator appointed must be on the public roster of those

eligible to serve as a parenting investigator.

2. The investigator may consult any person who may have information about the child

and any potential arrangements for parenting rights and responsibilities, and upon

order of the court may refer the child to any professional personnel for diagnosis.

3. The parenting investigator shall file the investigator's report with the court and serve

the report on counsel and any party not represented by counsel at least thirty days

before the hearing. The investigator shall make available to any such counsel or party

the complete file of data and reports underlying the investigator's report and the names

and addresses of all persons whom the investigator has consulted. A party may call

the investigator and any person whom the investigator has consulted for

cross-examination at the hearing. A party may not waive the party's right of

cross-examination before the hearing.

4. If the parties are indigent, the court shall enter an order stating the expenses of any

such investigation must be borne by the county where the child resided at the time the

action was commenced or if a modification of parental rights and responsibilities, at

the time the motion to modify is served.

5. Following the decision by the court regarding parenting rights and responsibilities, the

parenting investigator must be discharged of the investigator's duties as investigator.

6. A parenting investigator appointed under this section who acts in good faith in making

a report to the court is immune from any civil liability resulting from the report. For the

purpose of determining good faith, the good faith of the parenting investigator is a

disputable presumption.
N.D. Cent. Code § 14-09.4-04 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-04
14-09.4-04. Presumption for parental decision
Status: in_force

14-09.4-04. Presumption for parental decision

1. In an initial proceeding under this chapter, a decision by a parent regarding a request

for custody or visitation by a nonparent is presumed to be in the best interest of the

child.

2. Subject to section 14-09.4-14, a nonparent has the burden to rebut the presumption

under subsection 1 by clear and convincing evidence of the facts required by

subsection 1 of section 14-09.4-03. Proof of unfitness of a parent is not required to

rebut the presumption under subsection 1.
N.D. Cent. Code § 14-07.1-09 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-09
14-07.1-09. Immunity from liability - Penalty for false reports
Status: repealed

14-07.1-09. Immunity from liability - Penalty for false reports

Repealed by S.L. 1989, ch. 589, § 16.
N.D. Cent. Code § 14-07.7-19 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-19
14-07.7-19. Assistance of law enforcement
Status: in_force

14-07.7-19. Assistance of law enforcement

When an order is issued upon request of the petitioner, the court shall order the sheriff or

other appropriate law enforcement officer to accompany the petitioner and assist in placing the

petitioner in possession of the dwelling or residence, or otherwise assist in execution of the

protection order, which may include referral to a domestic violence shelter care facility.
N.D. Cent. Code § 14-09.4-19 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-19
14-09.4-19. Equitable right or remedy
Status: in_force

14-09.4-19. Equitable right or remedy

This chapter does not preclude the recognition of an equitable right or remedy for a

psychological parent under law of this state other than this chapter.
N.D. Cent. Code § 14-09.3-20 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-20
14-09.3-20. (310) Order for child support
Status: in_force

14-09.3-20. (310) Order for child support

If a court has issued an order granting caretaking authority under sections 14-09.3-11

through 14-09.3-21, or an agreement granting caretaking authority has been executed under

sections 14-09.3-07 through 14-09.3-10, the court may enter a temporary order for child support

consistent with the laws of this state other than this chapter if the court has jurisdiction under
N.D. Cent. Code § 14-08-06 — ND Code / Title 14 / Chapter 14-08 / Section 14-08-06
14-08-06. Modifying or vacating judgment
Status: in_force

14-08-06. Modifying or vacating judgment

The judgment may be modified or vacated at any time upon the hearing of the parties.
N.D. Cent. Code § 14-03.2-07 — ND Code / Title 14 / Chapter 14-03.2 / Section 14-03.2-07
14-03.2-07. Void marriage
Status: in_force

14-03.2-07. Void marriage

If a marriage is determined to be void, a premarital agreement or marital agreement is

enforceable to the extent necessary to avoid an inequitable result.
N.D. Cent. Code § 14-02.5-25 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-25
14-02.5-25. Reasonable cause determination
Status: in_force

14-02.5-25. Reasonable cause determination

1. The department shall determine from the facts whether reasonable cause exists to

believe that a discriminatory housing practice has occurred or is about to occur. The

department shall make this determination not later than the one-hundredth day after

the date a complaint is filed unless making the determination is impracticable, or the

department approves a conciliation agreement relating to the complaint.

2. If making the determination within the period is impracticable, the department shall

give in writing to the complainant and the respondent the reasons for the delay. If the

department determines that reasonable cause exists to believe that a discriminatory

housing practice has occurred or is about to occur, the department shall, except as

provided by section 14-02.5-27, immediately issue a charge on behalf of the aggrieved

person.
N.D. Cent. Code § 14-05-08.1 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-08.1
14-05-08.1. Recognition of foreign decree of divorce and foreign annulment of marriage
Status: in_force

14-05-08.1. Recognition of foreign decree of divorce and foreign annulment of

marriage.

A decree of divorce or of annulment of marriage obtained in a court of another jurisdiction is

of no force or effect in this state, if the parties to the marriage were domiciled in this state at the

time such decree was rendered.

If a person obtains a decree of divorce or of annulment of marriage from a court of another

jurisdiction and was domiciled in this state within less than twelve months prior to obtaining the

decree and resumes residence in this state within six months after obtaining the decree, it is

prima facie evidence that such person did not abandon the person's domicile in this state prior

to obtaining the decree.

The provisions of this section do not apply to any divorce or annulment of marriage obtained

in proceedings begun prior to the passage of this section.
N.D. Cent. Code § 14-09.3-08 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-08
14-09.3-08. (203) Modification of agreement
Status: in_force

14-09.3-08. (203) Modification of agreement

1. By mutual consent, the parents of a child may modify an agreement regarding

custodial responsibility made pursuant to sections 14-09.3-07 through 14-09.3-10.

2. If an agreement is modified under subsection 1 before deployment of a deploying

parent, the modification must be in writing and signed by both parents and any

nonparent who will exercise custodial responsibility under the modified agreement.

3. If an agreement is modified under subsection 1 during deployment of a deploying

parent, the modification must be agreed to in a record by both parents and any

nonparent who will exercise custodial responsibility under the modified agreement.
N.D. Cent. Code § 14-10-18 — ND Code / Title 14 / Chapter 14-10 / Section 14-10-18
14-10-18. Blood donations by minors
Status: repealed

14-10-18. Blood donations by minors

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 14-09-08.12 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.12
14-09-08.12. Authorization to insurer
Status: in_force

14-09-08.12. Authorization to insurer

The signature of the custodial parent of the insured dependent, the obligee, or the obligee's

assignee is a valid authorization to the insurer for purposes of processing an insurance

reimbursement payment to the provider of the medical services, for the release of information

concerning the insured dependent or coverage available to the insured dependent, and

otherwise for purposes of verifying coverage and payment for the insured dependent, in the

same manner and to the same extent as the signature of the insured.
N.D. Cent. Code § 14-09.4-13 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-13
14-09.4-13. Order of custody or visitation
Status: in_force

14-09.4-13. Order of custody or visitation

1. If a nonparent seeks custody, the court may order:

a. Primary residential responsibility to the nonparent;

b. Joint custody to the nonparent and a parent or other party; or

c. Visitation to the nonparent.

2. If a nonparent seeks visitation only, the court may not order custody to the nonparent

seeking visitation.
N.D. Cent. Code § 14-20-47 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-47
14-20-47. (612) Child as party - Representation
Status: in_force

14-20-47. (612) Child as party - Representation

1. A minor child is a permissible party, but is not a necessary party to a proceeding under

sections 14-20-36 through 14-20-58.

2. The court shall appoint a guardian ad litem to represent a minor or incapacitated child

if the child is a party or the court finds that the interests of the child are not adequately

represented.
N.D. Cent. Code § 14-07.5-02 — ND Code / Title 14 / Chapter 14-07.5 / Section 14-07.5-02
14-07.5-02. Nonjudicial enforcement of order
Status: in_force

14-07.5-02. Nonjudicial enforcement of order

1. A law enforcement officer of this state, upon determining there is probable cause to

believe a valid Canadian domestic violence protection order exists and that the order

has been violated, shall enforce the Canadian domestic violence protection order as if

it were the order of a tribunal of this state. Presentation of a record of a Canadian

domestic violence protection order that identifies both a protected individual and a

respondent and, on its face, is currently in effect, constitutes probable cause to believe

that a valid order exists. For the purposes of this section, the protection order may be

inscribed on a tangible medium or may have been stored in an electronic or other

medium if it is retrievable in perceivable form. Presentation of a certified copy of a

protection order is not required for enforcement.

2. If a record of a Canadian domestic violence protection order is not presented, the

officer may consider other information in determining whether there is probable cause

to believe a valid Canadian domestic violence protection order exists.

3. If a law enforcement officer of this state determines an otherwise valid Canadian

domestic violence protection order cannot be enforced because the respondent has

not been notified or served with the order, the officer shall inform the protected

individual that the officer will make reasonable efforts to contact the respondent. After

informing the respondent and serving the order, the officer shall allow the respondent a

reasonable opportunity to comply with the order before enforcing the order.

4. If a law enforcement officer determines an individual is a protected individual, the

officer shall inform the individual of available local victim services.

5. Registration or filing of an order in this state is not required for the enforcement of a

valid foreign protection order under this chapter.
N.D. Cent. Code § 14-09-34 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-34
14-09-34. Electronic remittal of funds withheld under an income withholding order
Status: in_force

14-09-34. Electronic remittal of funds withheld under an income withholding order

An income payer that employs more than twenty-four employees at any time and has

received more than four income withholding orders under this chapter shall remit any withheld

funds by an electronic method approved by the child support agency. An income payer that

employs more than twenty-four employees at any time and has received fewer than five income

withholding orders under this chapter may choose to opt out of an electronic method approved

by the child support agency only through a written request. An income payer that does not

comply with this section is deemed to have failed to deliver income under section 14-09-09.3.

The child support agency may waive, upon a showing of good cause, the requirement to remit

funds electronically.
N.D. Cent. Code § 14-14.2-10 — ND Code / Title 14 / Chapter 14-14.2 / Section 14-14.2-10
14-14.2-10. Uniformity of application and construction
Status: in_force

14-14.2-10. Uniformity of application and construction

In applying and construing this chapter, a court shall consider the promotion of uniformity of

the law among the jurisdictions that enact it.
N.D. Cent. Code § 14-09-08.2 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.2
14-09-08.2. Support for children after majority - Retroactive application
Status: in_force

14-09-08.2. Support for children after majority - Retroactive application

1. A judgment or order requiring the payment of child support until the child attains

majority continues as to the child until the end of the month during which the child is

graduated from high school or attains the age of nineteen years, whichever occurs

first, if:

a. The child is enrolled and attending high school and is eighteen years of age

before the date the child is expected to be graduated; and

b. The child resides with the person to whom the duty of support is owed.

2. A judgment or order may require payment of child support after majority under

substantially the circumstances described in subsection 1.

3. The person to whom the duty of support is owed under either subsection 1 or 2 may

file a declaration with the child support agency stating that the requirements of

subsection 1 are met, the school in which the child is enrolled, and the anticipated date

of the child's graduation. Upon filing of the declaration, the child support resumes

pursuant to subsection 1 or pursuant to the terms of a judgment or order described in

subsection 2. A fee may not be charged for filing the declaration.

4. The child support agency shall serve the declaration by first-class mail upon the

person owing the duty of support. If at any time thereafter the person owing the duty of

support files a motion with the court, supported by that person's declaration that the

child is no longer enrolled in or attending high school or is no longer residing with the

person to whom the duty of support is owed, the court shall determine if the child is

enrolled in and attending high school and residing with the person to whom the duty of

support is owed and shall enter an order accordingly. The duty of support terminates

by operation of law if the person to whom the duty is owed files a declaration with the

child support agency confirming the requirements of subsection 1 are no longer met.

5. This section applies to child support orders concerning children described in

subsection 1 or 2, regardless of the date of entry of the order.

6. This section does not preclude the entry of an order for child support which continues

after the child reaches age eighteen, if the parties agree, or if the court determines the

support to be appropriate.

7. For purposes of this section:

a. A child is treated as being in school during summer vacation if the child was

enrolled in and attending school and did not graduate from high school at the end

of the school period immediately preceding the summer vacation; and

b. A child is not considered to have graduated, even if all required coursework and

examinations have been completed, until the ceremony is held by the school to

commemorate the child's graduation. For good cause shown by the individual

owing the duty of support, the court may determine the child graduated upon

completion of all required coursework and examinations if the time between

completion of coursework and examinations and the ceremony exceeds ninety

days.
N.D. Cent. Code § 14-09.2-08 — ND Code / Title 14 / Chapter 14-09.2 / Section 14-09.2-08
14-09.2-08. Modification or termination of appointment
Status: in_force

14-09.2-08. Modification or termination of appointment

The court may terminate or modify the parenting coordinator appointment upon agreement

of the parties, upon motion of either party, at the request of the parenting coordinator, or by the

court on its own motion for good cause shown. Good cause includes:

1. Lack of reasonable progress over a significant period of time despite the best efforts of

the parties and the parenting coordinator;

2. A determination that the parties no longer need the assistance of a parenting

coordinator;

3. Impairment on the part of a party that significantly interferes with the party's

participation in the process; or

4. The parenting coordinator is unwilling or unable to serve.
N.D. Cent. Code § 14-14.1-30 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-30
14-14.1-30. (310) Hearing and order
Status: in_force

14-14.1-30. (310) Hearing and order

1. Unless the court issues a temporary emergency order under section 14-14.1-15, upon

a finding that a petitioner is entitled to immediate physical custody of the child, the

court shall order that the petitioner may take immediate physical custody of the child

unless the respondent establishes that:

a. The child custody determination has not been registered and confirmed under

section 14-14.1-25 and that:

(1) The issuing court did not have jurisdiction under sections 14-14.1-12

through 14-14.1-21;

(2) The child custody determination for which enforcement is sought has been

vacated, stayed, or modified by a court of a state having jurisdiction to do so

under sections 14-14.1-12 through 14-14.1-21; or

(3) The respondent was entitled to notice, but notice was not given in

accordance with section 14-14.1-07, in the proceedings before the court that

issued the order for which enforcement is sought; or

b. The child custody determination for which enforcement is sought was registered

and confirmed under section 14-14.1-25 but has been vacated, stayed, or

modified by a court of a state having jurisdiction to do so under sections

14-14.1-12 through 14-14.1-21.

2. The court shall award the fees, costs, and expenses authorized under section

14-14.1-32 and may grant additional relief, including a request for the assistance of

law enforcement officials, and set a further hearing to determine whether additional

relief is appropriate.

3. If a party called to testify refuses to answer on the ground that the testimony may be

self-incriminating, the court may draw an adverse inference from the refusal.

4. A privilege against disclosure of communications between spouses and a defense of

immunity based on the relationship of husband and wife or parent and child may not

be invoked in a proceeding under sections 14-14.1-22 through 14-14.1-37.
N.D. Cent. Code § 14-02.1-05.1 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-05.1
14-02.1-05.1. Determination of detectable heartbeat in unborn child before abortion - Exception
Status: repealed

14-02.1-05.1. Determination of detectable heartbeat in unborn child before abortion -

Exception.

Repealed by S.L. 2023, ch. 122, § 11.