N.D. Cent. Code § 14-07.4-01 — ND Code / Title 14 / Chapter 14-07.4 / Section 14-07.4-01
14-07.4-01. Definitions
Status: in_force

14-07.4-01. Definitions

In this chapter:

1. "Foreign protection order" means a protection order issued by a tribunal of another

state.

2. "Issuing state" means the state whose tribunal issues a protection order.

3. "Mutual foreign protection order" means a foreign protection order that includes

provisions issued in favor of both the protected individual seeking enforcement of the

order and the respondent.

4. "Protected individual" means an individual protected by a protection order.

5. "Protection order" means an injunction or other order, issued by a tribunal under the

domestic violence or family violence laws of the issuing state, to prevent an individual

from engaging in violent or threatening acts against, harassment of, contact or

communication with, or physical proximity to another individual. The term includes an

injunction or other order issued under the antistalking laws of the issuing state.

6. "Respondent" means the individual against whom enforcement of a protection order is

sought.

7. "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 tribe or band that has

jurisdiction to issue protection orders.

8. "Tribunal" means a court, agency, or other entity authorized by law to issue or modify a

protection order.
N.D. Cent. Code § 14-02.4-20 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-20
14-02.4-20. Relief
Status: in_force

14-02.4-20. Relief

If the department, as the result of an administrative hearing, or the court determines that the

respondent has engaged in or is engaging in a discriminatory practice, the department or the

court may enjoin the respondent from engaging in the unlawful practice and order temporary or

permanent injunctions, equitable relief, and backpay limited to no more than two years from the

date a minimally sufficient complaint was filed with the department or the court. Neither the

department nor an administrative hearing officer may order compensatory or punitive damages

under this chapter. Interim earnings or amounts earnable with reasonable diligence by the

person discriminated against reduce the backpay otherwise allowable. In any action or

proceeding under this chapter, the court may grant the prevailing party a reasonable attorney's

fee as part of the costs. If the court finds that the complainant's allegation of a discriminatory

practice is false and not made in good faith, the court shall order the complainant to pay court

costs and reasonable attorney's fees incurred by the respondent in responding to the allegation.
N.D. Cent. Code § 14-02.5-01 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-01
14-02.5-01. Definitions
Status: in_force

14-02.5-01. Definitions

The definitions in section 14-02.4-02 may be used to supplement the definitions in this

chapter. In this chapter, unless the context otherwise requires:

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

discriminatory housing practice or believes that the person will be injured by a

discriminatory housing practice that is about to occur.

2. "Complainant" means a person, including the department, that files a complaint under

section 14-02.5-18.

3. "Conciliation" means the informal negotiations among an aggrieved person, the

respondent, and the department to resolve issues raised by a complaint or by the

investigation of the complaint.

4. "Conciliation agreement" means a written agreement resolving the issues in

conciliation.

5. "Department" means the department of labor and human rights.

6. "Disability" means a mental or physical impairment that substantially limits at least one

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

impairment. The term does not include current illegal use or addiction to any drug or

illegal or federally controlled substance and does not apply to an individual because of

an individual's sexual orientation or because that individual is a transvestite.

7. "Discriminatory housing practice" means an act prohibited by sections 14-02.5-02

through 14-02.5-08 or conduct that is an offense under section 14-02.5-45.

8. "Dwelling" means any structure or part of a structure that is occupied as, or designed

or intended for occupancy as, a residence by one or more families or vacant land that

is offered for sale or lease for the construction or location of a structure or part of a

structure as previously described.

9. "Familial status" means one or more minors being domiciled with a parent or another

person having legal custody of the minor or minors; or the designee of the parent or

other person having such custody with the written permission of the parent or other

person. The protections afforded against discrimination on the basis of familial status

apply to any person who is pregnant or is in the process of securing legal custody of

any minor.

10. "Family" includes a single individual.

11. "Respondent" means a person accused of a violation of this chapter in a complaint of

discriminatory housing practice or a person identified as an additional or substitute

respondent under section 14-02.5-21 or an agent of an additional or substitute

respondent.

12. "To rent" includes to lease, sublease, or let, or to grant in any other manner, for a

consideration, the right to occupy premises not owned by the occupant.
N.D. Cent. Code § 14-07.7-17 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-17
14-07.7-17. Penalty for violation of a civil protection order
Status: in_force

14-07.7-17. Penalty for violation of a civil protection order

When a civil protection order is granted under this chapter and the respondent or individual

to be restrained is served a copy of the order, the first violation of an order is a class A

misdemeanor. A violation of a civil protection order also constitutes contempt of court. Following

a conviction, a second or subsequent violation under this chapter is a class C felony.
N.D. Cent. Code § 14-02.1-03.2 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-03.2
14-02.1-03.2. Civil damages for performance of abortions without informed consent
Status: in_force

14-02.1-03.2. Civil damages for performance of abortions without informed consent

Any person upon whom an abortion has been performed without informed consent as

required by sections 14-02.1-02, 14-02.1-02.1, subsection 1 of section 14-02.1-03,

14-02.1-03.2, and 14-02.1-03.3 may maintain an action against the person who performed the

abortion for ten thousand dollars in punitive damages and treble whatever actual damages the

plaintiff may have sustained. Any person upon whom an abortion has been attempted without

complying with sections 14-02.1-02, 14-02.1-02.1, subsection 1 of section 14-02.1-03,

14-02.1-03.2, and 14-02.1-03.3 may maintain an action against the person who attempted to

perform the abortion for five thousand dollars in punitive damages and treble whatever actual

damages the plaintiff may have sustained.
N.D. Cent. Code § 14-07.1-06 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-06
14-07.1-06. Penalty for violation of a protection order
Status: repealed

14-07.1-06. Penalty for violation of a protection order

Repealed by S.L. 2025, ch. 145, § 17.
N.D. Cent. Code § 14-06.1-11 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-11
14-06.1-11. Delegation of authority
Status: in_force

14-06.1-11. Delegation of authority

The superintendent may delegate any or all of the authority granted by this chapter as the

superintendent deems appropriate.
N.D. Cent. Code § 14-20-06 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-06
14-20-06. (106) Determination of maternity
Status: in_force

14-20-06. (106) Determination of maternity

Provisions of this chapter relating to determination of paternity apply to determinations of

maternity.
N.D. Cent. Code § 14-14.1-24 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-24
14-14.1-24. (304) Temporary visitation
Status: in_force

14-14.1-24. (304) Temporary visitation

1. A court of this state which does not have jurisdiction to modify a child custody

determination may issue a temporary order enforcing:

a. A visitation schedule made by a court of another state; or

b. The visitation provisions of a child custody determination of another state that

does not provide for a specific visitation schedule.

2. If a court of this state makes an order under subdivision b of subsection 1, it shall

specify in the order a period that it considers adequate to allow the petitioner to obtain

an order from a court having jurisdiction under the criteria specified in sections

14-14.1-12 through 14-14.1-21. The order remains in effect until an order is obtained

from the other court or the period expires.
N.D. Cent. Code § 14-05-14 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-14
14-05-14. Revocation of condonation
Status: in_force

14-05-14. Revocation of condonation

Condonation is revoked and the original cause of divorce revived:

1. When the condonee commits acts constituting a like or other cause of divorce; or

2. When the condonee is guilty of great conjugal unkindness, not amounting to a cause

of divorce, but sufficiently habitual and gross to show that the conditions of

condonation had not been accepted in good faith or not fulfilled.
N.D. Cent. Code § 14-10.2-03 — ND Code / Title 14 / Chapter 14-10.2 / Section 14-10.2-03
14-10.2-03. Application and construction
Status: in_force

14-10.2-03. Application and construction

This chapter must be so applied and construed as to effectuate its general purpose to make

uniform the law with respect to the subject of this chapter among those states which enact it.
N.D. Cent. Code § 14-07-14 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-14
14-07-14. When order for transfer may be set aside
Status: in_force

14-07-14. When order for transfer may be set aside

The husband or wife affected by the proceedings contemplated in sections 14-07-12 and

14-07-13 may have the order or decree of the court set aside or annulled by affidavit of such

party, setting forth fully the facts and supported by such other testimony as the court shall deem

proper. Notice of proceedings to set aside and annul the order must be given the person in

whose favor the same was granted and must be served as a summons is served in an ordinary

action. The setting aside of the decree or order in no way affects any act done thereunder.
N.D. Cent. Code § 14-14.1-13 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-13
14-14.1-13. (202) Exclusive, continuing jurisdiction
Status: in_force

14-14.1-13. (202) Exclusive, continuing jurisdiction

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

made a child custody determination consistent with section 14-14.1-12 or 14-14.1-14

has exclusive, continuing jurisdiction over the determination until:

a. A court of this state determines that neither the child, nor the child and one

parent, nor the child and a person acting as a parent have a significant

connection with this state and that substantial evidence is no longer available in

this state concerning the child's care, protection, training, and personal

relationships; or

b. A court of this state or a court of another state determines that the child, the

child's parents, and any person acting as a parent do not presently reside in this

state.

2. A court of this state which has made a child custody determination and does not have

exclusive, continuing jurisdiction under this section may modify that determination only

if it has jurisdiction to make an initial determination under section 14-14.1-12.
N.D. Cent. Code § 14-09.3-21 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-21
14-09.3-21. (311) Modifying or terminating grant of custodial responsibility to nonparent
Status: in_force

14-09.3-21. (311) Modifying or terminating grant of custodial responsibility to

nonparent.

1. Except for an order under section 14-09.3-15, except as otherwise provided in

subsection 2, and consistent with the federal Servicemembers Civil Relief Act,

[50 U.S.C. appendix sections 521 and 522], on motion of a deploying or other parent

or any nonparent to whom caretaking authority, decisionmaking authority, or limited

contact has been granted, the court may modify or terminate the grant if the

modification or termination is consistent with sections 14-09.3-11 through 14-09.3-21

and it is in the best interests of the child. A modification is temporary and terminates

pursuant to sections 14-09.3-22 through 14-09.3-25 after the deploying parent returns

from deployment, unless the grant has been terminated before that time by court

order.

2. On motion of a deploying parent, the court shall terminate a grant of limited contact.
N.D. Cent. Code § 14-06.1-13 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-13
14-06.1-13. Program evaluation
Status: in_force

14-06.1-13. Program evaluation

The superintendent, in cooperation with the advisory body, the administrator of each center,

and with appropriate heads of nonprofit agencies or organizations carrying out the programs,

shall by January 30, 1985, prepare and furnish to the legislative assembly an evaluation report

of all activities conducted pursuant to this mandate. Subsequent evaluations must be provided

in like fashion each biennium.
N.D. Cent. Code § 14-20-58 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-58
14-20-58. (637) Binding effect of determination of parentage
Status: in_force

14-20-58. (637) Binding effect of determination of parentage

1. Except as otherwise provided in subsection 2, a determination of parentage is binding

on:

a. All signatories to an acknowledgment or denial of paternity as provided in

sections 14-20-11 through 14-20-24; and

b. All parties to an adjudication by a court acting under circumstances that satisfy

the jurisdictional requirements of section 14-12.2-04.

2. A child is not bound by a determination of parentage under this chapter unless:

a. The determination was based on an unrestricted acknowledgment of paternity

and the acknowledgment is consistent with the results of genetic testing;

b. The adjudication of parentage was based on a finding consistent with the results

of genetic testing and the consistency is declared in the determination or is

otherwise shown; or

c. The child was a party or was represented in the proceeding determining

parentage by a guardian ad litem.

3. In a proceeding to dissolve a marriage, the court is deemed to have made an

adjudication of the parentage of a child if the court acts under circumstances that

satisfy the jurisdictional requirements of section 14-12.2-04, and the final order:

a. Expressly identifies a child as a "child of the marriage", "issue of the marriage", or

similar words indicating that the husband is the father of the child; or

b. Provides for support of the child, custody of the child, or visitation with the child

by the husband unless paternity is specifically disclaimed in the order.

4. Except as otherwise provided in subsection 2, a determination of parentage may be a

defense in a subsequent proceeding seeking to adjudicate parentage by an individual

who was not a party to the earlier proceeding.

5. A party to an adjudication of paternity may challenge the adjudication only under law of

this state relating to appeal, vacation of judgments, or other judicial review.
N.D. Cent. Code § 14-20-10 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-10
14-20-10. (204) Presumption of paternity
Status: in_force

14-20-10. (204) Presumption of paternity

1. A man is presumed to be the father of a child if:

a. He and the mother of the child are married to each other and the child is born

during the marriage;

b. He and the mother of the child were married to each other and the child is born

within three hundred days after the marriage is terminated by death, annulment,

declaration of invalidity, divorce, or after a decree of separation;

c. Before the birth of the child, he and the mother of the child married each other in

apparent compliance with law, even if the attempted marriage is or could be

declared invalid, and the child is born during the invalid marriage or within three

hundred days after its termination by death, annulment, declaration of invalidity,

divorce, or after a decree of separation;

d. After the birth of the child, he and the mother of the child married each other in

apparent compliance with law, whether or not the marriage is or could be

declared invalid, and he voluntarily asserted his paternity of the child, and:

(1) The assertion is in a record filed with the department of health and human

services;

(2) He agreed to be and is named as the child's father on the child's birth

certificate; or

(3) He promised in a record to support the child as his own; or

e. For the first two years of the child's life, he resided in the same household with

the child and openly held out the child as his own.

2. A presumption of paternity established under this section may be rebutted only by an

adjudication under sections 14-20-36 through 14-20-58.
N.D. Cent. Code § 14-07.7-03 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-03
14-07.7-03. Civil protection order - General provisions - Confidentiality
Status: in_force

14-07.7-03. Civil protection order - General provisions - Confidentiality

1. A civil protection order must contain a conspicuous notice to the respondent providing:

a. The specific conduct that constitutes a violation;

b. The penalties for violation of the order; and

c. A peace officer may arrest the respondent without a warrant and take the

respondent into custody if the peace officer has probable cause to believe the

respondent violated the order.

2. The court may amend an order following a motion filed by either party.

3. An order entered under this chapter expires on the expiration date provided in the

order at eleven fifty-nine p.m. central standard time.

4. No order under this chapter affects title to real property.

5. A court record maintained in relation to a civil protection order is open to inspection by

a law enforcement officer.

6. The name of a protected individual in a case involving domestic violence or sexual

assault under this chapter is confidential and must be redacted from a record

accessible to the public. Any record that may reveal the identity or location of a

protected individual in a case involving domestic violence or sexual assault under this

chapter is confidential.

7. A hearing on a petition for a domestic violence protection order filed under section

14-07.7-07 or a sexual assault restraining order filed under section 14-07.7-09 is

closed to the public. The court shall allow to be present the parties, the parties'

attorneys, the state's attorney, the protected individual, any witness, and a certified

domestic violence sexual assault advocate, as defined under the North Dakota

Supreme Court Administrative Rules. The court may allow to be present any other

individual the court determines has a proper interest in the hearing.
N.D. Cent. Code § 14-15.1-07 — ND Code / Title 14 / Chapter 14-15.1 / Section 14-15.1-07
14-15.1-07. Adoption petition - Time limit for filing
Status: in_force

14-15.1-07. Adoption petition - Time limit for filing

1. Within one hundred eighty days after entry of an order for relinquishment under this

chapter, the identified adoptive parent shall file a petition for adoption under chapter

14-15 or the statutes of the adopting parent's state of residence. A copy of the petition

to adopt must be filed with the department. Reports relating to postplacement

supervision must be filed with the court hearing the adoption. The resulting decree of

adoption, if so ordered by the court, must be filed with the department.

2. If no petition for adoption is filed within one hundred eighty days, the department shall

notify the court. The court shall then set a hearing to determine whether the child's

placement should be changed.
N.D. Cent. Code § 14-09-09.17 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.17
14-09-09.17. Amendment - Termination of income withholding order
Status: in_force

14-09-09.17. Amendment - Termination of income withholding order

Upon amendment or termination of an income withholding order, the child support agency

shall send appropriate notice to the income payer. An income withholding order is to be

amended by the child support agency when the total amount of money to be withheld is

changed by elimination of arrearages or by court-ordered change in amount of child support. An

income withholding order is to be terminated when the duty to support ceases and all child

support arrearages have been paid. When two or more income payers have been subjected to

income withholding orders with respect to a child support obligation, the child support agency

shall suspend the income withholding order directed to one or more income payers, provided

that the amount of child support withheld by the remaining income payer or payers equals the

amount determined under section 14-09-09.30. The child support agency shall immediately

reinstate any suspended income withholding order should any child support obligation of the

obligor thereafter become delinquent. The child support agency shall provide a copy of the

reinstated income withholding order, by first-class mail, to the obligor and the income payer.
N.D. Cent. Code § 14-09-17 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-17
14-09-17. Child's earnings - Relinquished by parent
Status: in_force

14-09-17. Child's earnings - Relinquished by parent

The parent, whether solvent or insolvent, may relinquish to the child the right of controlling

the child and receiving the child's earnings. Abandonment by the parent is presumptive

evidence of such relinquishment.
N.D. Cent. Code § 14-18-05 — ND Code / Title 14 / Chapter 14-18 / Section 14-18-05
14-18-05. Surrogate agreements
Status: in_force

14-18-05. Surrogate agreements

Any agreement in which a woman agrees to become a surrogate or to relinquish that

woman's rights and duties as parent of a child conceived through assisted conception is void.

The surrogate, however, is the mother of a resulting child and the surrogate's husband, if a party

to the agreement, is the father of the child. If the surrogate's husband is not a party to the

agreement or the surrogate is unmarried, paternity of the child is governed by chapter 14-20.
N.D. Cent. Code § 14-02.4-12.1 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-12.1
14-02.4-12.1. Discriminatory housing practices
Status: repealed

14-02.4-12.1. Discriminatory housing practices

Repealed by S.L. 2001, ch. 145, § 14.
N.D. Cent. Code § 14-20-40 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-40
14-20-40. (605) Venue
Status: in_force

14-20-40. (605) Venue

Venue for a proceeding to adjudicate parentage is in the county of this state in which:

1. The child resides or is found;

2. The respondent resides or is found if the child does not reside in this state; or

3. A proceeding for probate or administration of the presumed or alleged father's estate

has been commenced.
N.D. Cent. Code § 14-02-02 — ND Code / Title 14 / Chapter 14-02 / Section 14-02-02
14-02-02. Defamation classified
Status: in_force

14-02-02. Defamation classified

Defamation is effected by:

1. Libel; or

2. Slander.
N.D. Cent. Code § 14-06.1-02 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-02
14-06.1-02. Definitions
Status: in_force

14-06.1-02. Definitions

1. "Department" means the department of public instruction.

2. "Displaced homemaker" means an individual who:

a. Has worked in the individual's home providing unpaid services for household

members;

b. Has been or is unemployed or underemployed;

c. Has had or will have difficulty finding employment; and

d. (1) Is widowed, divorced, separated, or abandoned; or

(2) Because of the disability of the individual's spouse, is displaced from the

individual's former economically dependent role.

3. "Superintendent" means the superintendent of public instruction.
N.D. Cent. Code § 14-20-59 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-59
14-20-59. (701) Scope
Status: in_force

14-20-59. (701) Scope

Sections 14-20-59 through 14-20-65 do not apply to the birth of a child conceived by means

of sexual intercourse.
N.D. Cent. Code § 14-14.2-05 — ND Code / Title 14 / Chapter 14-14.2 / Section 14-14.2-05
14-14.2-05. Contents of petition
Status: in_force

14-14.2-05. Contents of petition

A petition under this chapter must be verified and include a copy of any existing child-

custody determination, if available. The petition must specify the risk factors for abduction,

including the relevant factors described in section 14-14.2-06. Subject to section 14-12.2-24, if

reasonably ascertainable, the petition must contain:

1. The name, date of birth, and gender of the child;

2. The customary address and current physical location of the child;

3. The identity, customary address, and current physical location of the respondent;

4. A statement of whether a prior action to prevent abduction or domestic violence has

been filed by a party or other individual or entity having custody of the child, and the

date, location, and disposition of the action;

5. A statement of whether a party to the proceeding has been arrested for a crime related

to domestic violence, stalking, or child abuse or neglect, and the date, location, and

disposition of the case; and

6. Any other information required to be submitted to the court for a child-custody

determination under section 14-14.1-20.
N.D. Cent. Code § 14-14.1-33 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-33
14-14.1-33. (313) Recognition and enforcement
Status: in_force

14-14.1-33. (313) Recognition and enforcement

A court of this state shall accord full faith and credit to an order issued by another state and

consistent with this chapter which enforces a child custody determination by a court of another

state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do

so under sections 14-14.1-12 through 14-14.1-21.
N.D. Cent. Code § 14-13-01 — ND Code / Title 14 / Chapter 14-13 / Section 14-13-01
14-13-01. Establishment of interstate compact - Text
Status: in_force

14-13-01. Establishment of interstate compact - Text

The Interstate Compact on the Placement of Children is hereby enacted into law and

entered into with all other jurisdictions legally joining therein in form substantially as follows:

ARTICLE I - PURPOSE AND POLICY

It is the purpose and policy of the party states to cooperate with each other in the interstate

placement of children to the end that:

1. Each child requiring placement shall receive the maximum opportunity to be placed in

a suitable environment and with persons or institutions having appropriate

qualifications and facilities to provide a necessary and desirable degree and type of

care.

2. The appropriate authorities in a state where a child is to be placed may have full

opportunity to ascertain the circumstances of the proposed placement, thereby

promoting full compliance with applicable requirements for the protection of the child.

3. The proper authorities of the state from which the placement is made may obtain the

most complete information on the basis of which to evaluate a projected placement

before it is made.

4. Appropriate jurisdictional arrangements for the care of children will be promoted.

ARTICLE II - DEFINITIONS

As used in this compact:

1. "Child" means a person who, by reason of minority, is legally subject to parental,

guardianship, or similar control.

2. "Placement" means the arrangement for the care of a child in a family free or boarding

home or in a child-caring agency or institution but does not include any institution

caring for the mentally ill, mentally defective, or epileptic or any institution primarily

educational in character, and any hospital or other medical facility.

3. "Receiving state" means the state to which a child is sent, brought, or caused to be

sent or brought, whether by public authorities or private persons or agencies, and

whether for placement with state or local public authorities or for placement with

private agencies or persons.

4. "Sending agency" means a party state, officer or employee thereof; a subdivision of a

party state, or officer or employee thereof; a court of a party state; a person,

corporation, association, charitable agency, or other entity which sends, brings, or

causes to be sent or brought any child to another party state.

ARTICLE III - CONDITIONS FOR PLACEMENT

1. No sending agency may send, bring, or cause to be sent or brought into any other

party state any child for placement in foster care or as a preliminary to a possible

adoption unless the sending agency complies with each and every requirement set

forth in this article and with the applicable laws of the receiving state governing the

placement of children therein.

2. Prior to sending, bringing, or causing any child to be sent or brought into a receiving

state for placement in foster care or as a preliminary to a possible adoption, the

sending agency shall furnish the appropriate public authorities in the receiving state

written notice of the intention to send, bring, or place the child in the receiving state.

The notice must contain:

a. The name, date, and place of birth of the child.

b. The identity and address or addresses of the parents or legal guardian.

c. The name and address of the person, agency, or institution to or with which the

sending agency proposes to send, bring, or place the child.

d. A full statement of the reasons for such proposed action and evidence of the

authority pursuant to which the placement is proposed to be made.

3. Any public officer or agency in a receiving state which is in receipt of a notice pursuant

to paragraph 2 of this article may request of the sending agency, or any other

appropriate officer or agency of or in the sending agency's state, and is entitled to

receive therefrom, such supporting or additional information as it may deem necessary

under the circumstances to carry out the purpose and policy of this compact.

4. The child may not be sent, brought, or caused to be sent or brought into the receiving

state until the appropriate public authorities in the receiving state shall notify the

sending agency, in writing, to the effect that the proposed placement does not appear

to be contrary to the interests of the child.

ARTICLE IV - PENALTY FOR ILLEGAL PLACEMENT

The sending, bringing, or causing to be sent or brought into any receiving state of a child in

violation of the terms of this compact constitutes a violation of the laws respecting the

placement of children of both the state in which the sending agency is located or from which it

sends or brings the child and of the receiving state. Such violation may be punished or

subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for

any such punishment or penalty, any such violation constitutes full and sufficient grounds for the

suspension or revocation of any license, permit, or other legal authorization held by the sending

agency which empowers or allows it to place or care for children.

ARTICLE V - RETENTION OF JURISDICTION

1. The sending agency shall retain jurisdiction over the child sufficient to determine all

matters in relation to the custody, supervision, care, treatment, and disposition of the

child which it would have had if the child had remained in the sending agency's state,

until the child is adopted, reaches majority, becomes self-supporting, or is discharged

with the concurrence of the appropriate authority in the receiving state. Such

jurisdiction also includes the power to effect or cause the return of the child or its

transfer to another location and custody pursuant to law. The sending agency shall

continue to have financial responsibility for support and maintenance of the child

during the period of the placement. Nothing contained herein may defeat a claim of

jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime

committed therein.

2. When the sending agency is a public agency, it may enter into an agreement with an

authorized public or private agency in the receiving state providing for the performance

of one or more services in respect of such case by the latter as agent for the sending

agency.

3. Nothing in this compact may be construed to prevent a private charitable agency

authorized to place children in the receiving state from performing services or acting

as agent in that state for a private charitable agency of the sending state; nor to

prevent the agency in the receiving state from discharging financial responsibility for

the support and maintenance of a child who has been placed on behalf of the sending

agency without relieving the responsibility set forth in paragraph 1 hereof.

ARTICLE VI - INSTITUTIONAL CARE OF DELINQUENT CHILDREN

A child adjudicated delinquent may be placed in an institution in another party jurisdiction

pursuant to this compact but no such placement may be made unless the child is given a court

hearing on notice to the parent or guardian with opportunity to be heard, prior to the child being

sent to such other party jurisdiction for institutional care and the court finds that:

1. Equivalent facilities for the child are not available in the sending agency's jurisdiction;

and

2. Institutional care in the other jurisdiction is in the best interest of the child and will not

produce undue hardship.

ARTICLE VII - COMPACT ADMINISTRATOR

The executive head of each jurisdiction party to this compact shall designate an officer who

must be general coordinator of activities under this compact in the officer's jurisdiction and who,

acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules

and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE VIII - LIMITATIONS

This compact does not apply to:

1. The sending or bringing of a child into a receiving state by the child's parent,

stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child's

guardian and leaving the child with any such relative or nonagency guardian in the

receiving state.

2. Any placement, sending, or bringing of a child into a receiving state pursuant to any

other interstate compact to which both the state from which the child is sent or brought

and the receiving state are party, or to any other agreement between said states which

has the force of law.

ARTICLE IX - ENACTMENT AND WITHDRAWAL

This compact is open to joinder by any state, territory, or possession of the United States,

the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress,

the Government of Canada or any province thereof. It becomes effective with respect to any

such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this

compact must be by the enactment of a statute repealing the same, but does not take effect

until two years after the effective date of such statute and until written notice of the withdrawal

has been given by the withdrawing state to the governor of each other party jurisdiction.

Withdrawal of a party state does not affect the rights, duties, and obligations under this compact

of any sending agency therein with respect to a placement made prior to the effective date of

withdrawal.

ARTICLE X - CONSTRUCTION AND SEVERABILITY

The provisions of this compact must be liberally construed to effectuate the purposes

thereof. The provisions of this compact are severable and if any phrase, clause, sentence, or

provision of this compact is declared to be contrary to the constitution of any party state or of the

United States or the applicability thereof to any government, agency, person, or circumstance is

held invalid, the validity of the remainder of this compact and the applicability thereof to any

government, agency, person, or circumstance is not affected thereby. If this compact is held

contrary to the constitution of any state party thereto, the compact must remain in full force and

effect as to the remaining states and in full force as to the state affected as to all severable

matters.
N.D. Cent. Code § 14-12.2-14 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-14
14-12.2-14. (302) Proceeding by minor parent
Status: in_force

14-12.2-14. (302) Proceeding by minor parent

A minor parent, or a guardian or other legal representative of a minor parent, may maintain

a proceeding on behalf of or for the benefit of the minor's child.
N.D. Cent. Code § 14-09-07 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-07
14-09-07. Residence of child
Status: in_force

14-09-07. Residence of child

1. A parent with primary residential responsibility for a child may not change the primary

residence of the child to another state except upon order of the court or with the

consent of the other parent, if the other parent has been given parenting time by the

decree.

2. A parent with equal residential responsibility for a child may not change the residence

of the child to another state except with consent of the other parent or order of the

court allowing the move and awarding that parent primary residential responsibility.

3. A court order is not required if the other parent:

a. Has not exercised parenting time for a period of one year; or

b. Has moved to another state and is more than fifty miles [80.47 kilometers] from

the residence of the parent with primary residential responsibility.
N.D. Cent. Code § 14-14.1-19 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-19
14-14.1-19. (208) Jurisdiction declined by reason of conduct
Status: in_force

14-14.1-19. (208) Jurisdiction declined by reason of conduct

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

jurisdiction under this chapter because a person seeking to invoke its jurisdiction has

engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction

unless:

a. The parents and all persons acting as parents have acquiesced in the exercise of

jurisdiction;

b. A court of the state otherwise having jurisdiction under sections 14-14.1-12

through 14-14.1-14 determines that this state is a more appropriate forum under

section 14-14.1-18; or

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

sections 14-14.1-12 through 14-14.1-14.

2. If a court of this state declines to exercise its jurisdiction under subsection 1, it may

fashion an appropriate remedy to ensure the safety of the child and prevent a

repetition of the unjustifiable conduct, including staying the proceeding until a child

custody proceeding is commenced in a court having jurisdiction under sections

14-14.1-12 through 14-14.1-14.

3. If a court dismisses a petition or stays a proceeding because it declines to exercise its

jurisdiction pursuant to subsection 1, it shall assess against the party seeking to invoke

its jurisdiction necessary and reasonable expenses, including costs, communication

expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses,

and child care during the course of the proceedings, unless the party from whom fees

are sought establishes that the assessment would be clearly inappropriate. The court

may not assess fees, costs, or expenses against this state unless authorized by law

other than this chapter.
N.D. Cent. Code § 14-09.4-03 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-03
14-09.4-03. Requirements for order of custody or visitation
Status: in_force

14-09.4-03. Requirements for order of custody or visitation

1. A court may order custody or visitation to a nonparent if the nonparent proves:

a. The nonparent:

(1) Is a consistent caretaker; or

(2) Has a substantial relationship with the child and denial of custody or

visitation would result in harm to the child; and

b. An order of custody or visitation to the nonparent is in the best interest of the

child.

2. A nonparent is a consistent caretaker if the nonparent without expectation of

compensation:

a. Lived with the child for not less than twelve months, unless the court finds good

cause to accept a shorter period;

b. Regularly exercised care of the child;

c. Made day-to-day decisions regarding the child solely or in cooperation with an

individual having physical custody of the child; and

d. Established a bonded and dependent relationship with the child with the express

or implied consent of a parent of the child, or without the consent of a parent if no

parent has been able or willing to perform parenting functions.

3. A nonparent has a substantial relationship with the child if:

a. The nonparent:

(1) Is an individual with a familial relationship with the child by blood or law; or

(2) Formed a relationship with the child without expectation of compensation;

and

b. A significant emotional bond exists between the nonparent and the child.
N.D. Cent. Code § 14-09.4-20 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-20
14-09.4-20. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

14-09.4-20. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and

National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede

section 101(c) of that Act [15 U.S.C. 7001(c)], or authorize electronic delivery of any of the

notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
N.D. Cent. Code § 14-09.4-12 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-12
14-09.4-12. Presumption arising from child abuse, child neglect, domestic violence, sexual assault, or stalking
Status: in_force

14-09.4-12. Presumption arising from child abuse, child neglect, domestic violence,

sexual assault, or stalking.

1. The court shall presume that ordering custody or visitation to a nonparent is not in the

best interest of the child if the court finds that the nonparent, or an individual living with

the nonparent, has committed child abuse, child neglect, domestic violence, sexual

assault, stalking, or comparable conduct in violation of law of this state or another

state.

2. A finding that the conduct specified in subsection 1 occurred must be based on:

a. Evidence of a conviction in a criminal proceeding or final judgment in a civil

proceeding; or

b. Proof by a preponderance of the evidence.

3. A nonparent may rebut the presumption under subsection 1 by proving by clear and

convincing evidence that ordering custody or visitation to the nonparent will not

endanger the health, safety, or welfare of the child.
N.D. Cent. Code § 14-09-31 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-31
14-09-31. Decisionmaking responsibility
Status: in_force

14-09-31. Decisionmaking responsibility

Except as provided in subsection 3, in the making of any order relative to decisionmaking

responsibility:

1. If the parents have reached an agreement as to decisionmaking responsibility, the

court shall accept the agreement unless the court makes written findings that the

agreement is not in the best interests of the child.

2. If the parents cannot agree on an allocation of decisionmaking responsibility, the court

shall enter an order allocating decisionmaking responsibility in the best interests of the

child.

3. An allocation of decisionmaking responsibility is not in the best interests of the child

unless the order includes a method of resolving disputes when parents do not agree

on an issue.

4. If the court finds that domestic violence as defined in section 14-07.1-01 has occurred,

the court shall consider such domestic violence in determining whether joint

decisionmaking responsibility is in the best interests of the child. In such cases, the

court shall make orders for the allocation of parental rights and responsibilities that

best protect the child, the parent, or both. If joint decisionmaking responsibility is

granted, even though there is evidence of domestic violence, the court shall provide

written findings to support the order.
N.D. Cent. Code § 14-15.1-05 — ND Code / Title 14 / Chapter 14-15.1 / Section 14-15.1-05
14-15.1-05. Report of agreements and disbursements
Status: in_force

14-15.1-05. Report of agreements and disbursements

Prior to a hearing under this chapter, a report of agreements and disbursements must be

filed with the court and served upon the department. The report must include the following:

1. A statement of all agreements, whether oral or written, entered into between any of the

parties to an action under this chapter, which relate in any way to the future conduct of

any party with respect to the child. If oral agreements are reported, the substance of

such agreements must be set forth in the report and a copy of the report must be

served on all parties to the oral agreement. Copies of all written agreements must be

attached to the report.

2. A full accounting in a manner acceptable to the court of all disbursements of anything

of value made or agreed to be made by or on behalf of the identified adoptive parent in

connection with proceedings under this chapter. The report must show any expenses

incurred in connection with:

a. The birth of the child.

b. Placement of the child with the identified adoptive parent.

c. Medical or hospital care received by the birth parent or by the child prior to or

after the child's birth.

d. Services relating to the petition for relinquishment or the placement of the child

which were received by or on behalf of a birth parent, identified adoptive parent,

or any other person.
N.D. Cent. Code § 14-02.5-28 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-28
14-02.5-28. Dismissal
Status: in_force

14-02.5-28. Dismissal

If the department determines that no reasonable cause exists to believe that a

discriminatory housing practice that is the subject of a complaint has occurred or is about to

occur, the department shall promptly dismiss the complaint. The department shall make public

disclosure of each dismissal.
N.D. Cent. Code § 14-02.5-32 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-32
14-02.5-32. Administrative penalties
Status: in_force

14-02.5-32. Administrative penalties

1. If the department determines at a hearing under section 14-02.5-31 that a respondent

has engaged in or is about to engage in a discriminatory housing practice, the

department may order the appropriate relief, including actual damages, reasonable

attorney's fees, court costs, and other injunctive or equitable relief.

2. To vindicate the public's interest, the department may assess a civil penalty against the

respondent in an amount that does not exceed:

a. Eleven thousand dollars if the respondent has been found by order of the

department or a court to have committed a prior discriminatory housing practice;

or

b. Except as provided by subsection 3, twenty-seven thousand dollars if the

respondent has been found by order of the department or a court to have

committed one other discriminatory housing practice during the five-year period

ending on the date of the filing of the charges and fifty-five thousand dollars if the

respondent has been found by the department or a court to have committed two

or more discriminatory housing practices during the seven-year period ending on

the date of filing of the charge.

3. If the acts constituting the discriminatory housing practice that is the object of the

charge are committed by the same individual who has previously been found to have

committed acts constituting a discriminatory housing practice, the civil penalties in

subdivision b of subsection 2 may be imposed without regard to the period of time

within which any other discriminatory housing practice occurred.

4. At the request of the department, the attorney general shall sue to recover a civil

penalty due under this section. Funds collected under this section must be paid to the

state treasurer for deposit in the general fund.
N.D. Cent. Code § 14-09.2-06 — ND Code / Title 14 / Chapter 14-09.2 / Section 14-09.2-06
14-09.2-06. Confidentiality
Status: in_force

14-09.2-06. Confidentiality

1. If there is an ongoing dispute between the parties regarding a specific written decision

of the parenting coordinator, the written decision must be filed with the court and

served upon the parties.

2. Statements made and documents produced as part of the parenting coordinator

process, other than the written decision of the parenting coordinator, which are not

otherwise discoverable are not subject to discovery or other disclosure and are not

admissible into evidence for any purpose at trial or in any other proceeding, including

impeachment. Parenting coordinators and lawyers for the parties, to the extent of their

participation in the parenting coordinator process, may not be subpoenaed or called as

witnesses in court proceedings. Notes, records, and recollections of parenting

coordinators are confidential and may not be disclosed unless:

a. The parties and the parenting coordinator agree in writing to the disclosure; or

b. Disclosure is required by law or other applicable professional codes. Notes and

records of parenting coordinators may not be disclosed to the court unless after a

hearing the court determines that the notes or records should be reviewed

in camera. Unless the court determines that the notes and records contain

information regarding acts that may be a violation of a state or federal criminal

law, the notes and records may not be released.
N.D. Cent. Code § 14-02.5-30 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-30
14-02.5-30. Election of judicial determination
Status: in_force

14-02.5-30. Election of judicial determination

A complainant, a respondent, or an aggrieved person on whose behalf a complaint was filed

may elect to have the claims asserted in the charge decided in a civil action as provided by

section 14-02.5-36. The election must be made not later than the twentieth day after the date

the person having the election receives service under subsection 2 of section 14-02.5-26 or, in

the case of the department, not later than the twentieth day after the date the charge is issued.

The person making the election shall give notice to the department and to all other complainants

and respondents to whom the charge relates.
N.D. Cent. Code § 14-09-33 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-33
14-09-33. References to child custody and custodial parent
Status: in_force

14-09-33. References to child custody and custodial parent

Any law that refers to the "custody" of a child means the allocation of parental rights and

responsibilities as provided in this chapter. Any law that refers to a "custodial parent" or "primary

residential responsibility" means a parent with more than fifty percent of the residential

responsibility and any reference to a noncustodial parent means a parent with less than fifty

percent of the residential responsibility.
N.D. Cent. Code § 14-09-32.1 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-32.1
14-09-32.1. Parent's interest in child's upbringing
Status: in_force

14-09-32.1. Parent's interest in child's upbringing

1. As used in this section, a "parent" means parent or legal guardian not including a

school or other institution serving in loco parentis.

2. It is the public policy of the state that:

a. A parent retains the right and duty to exercise primary control over the care,

supervision, upbringing, and education of the parent's child;

b. A child has the right to protection from abuse and neglect; and

c. The state retains a compelling interest in preventing, assessing, investigating,

addressing, and prosecuting abuse and neglect.

3. This section may not be interpreted to supersede chapters 27-20.1, 27-20.2, 27-20.3,

and 27-20.4.
N.D. Cent. Code § 14-09.4-17 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-17
14-09.4-17. Expense of facilitating visitation
Status: in_force

14-09.4-17. Expense of facilitating visitation

The court may issue an order allocating responsibility between the parties for payment of

the expense of facilitating visitation, including transportation expenses.
N.D. Cent. Code § 14-12.2-25 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-25
14-12.2-25. (313) Costs and fees
Status: in_force

14-12.2-25. (313) Costs and fees

1. The petitioner may not be required to pay a filing fee or other costs.

2. If an obligee prevails, a responding tribunal of this state may assess against an obligor

filing fees, reasonable attorney's fees, other costs, and necessary travel and other

reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal

may not assess fees, costs, or expenses against the obligee or the support

enforcement agency of either the initiating or the responding state or foreign country,

except as provided by other law. Attorney's fees may be taxed as costs, and may be

ordered paid directly to the attorney, who may enforce the order in the attorney's own

name. Payment of support owed to the obligee has priority over fees, costs, and

expenses.

3. The tribunal shall order the payment of costs and reasonable attorney's fees if it

determines that a hearing was requested primarily for delay. In a proceeding under

sections 14-12.2-35 through 14-12.2-46, a hearing is presumed to have been

requested primarily for delay if a registered support order is confirmed or enforced

without change.
N.D. Cent. Code § 14-12.2-37 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-37
14-12.2-37. (603) Effect of registration for enforcement
Status: in_force

14-12.2-37. (603) Effect of registration for enforcement

1. A support order or income-withholding order issued in another state or a foreign

support order is registered when the order is filed in the registering tribunal of this

state.

2. A registered order issued in another state or foreign country is enforceable in the same

manner and is subject to the same procedures as an order issued by a tribunal of this

state.

3. Except as otherwise provided in this chapter, a tribunal of this state shall recognize

and enforce, but may not modify, a registered order if the issuing tribunal had

jurisdiction.
N.D. Cent. Code § 14-02.1-01 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-01
14-02.1-01. Purpose
Status: in_force

14-02.1-01. Purpose

The purpose of this chapter is to protect and promote human life and maternal health when

the performance of an abortion is not otherwise prohibited by law. This chapter reaffirms the

tradition of the state of North Dakota to protect every human life whether unborn or aged,

healthy or sick.
N.D. Cent. Code § 14-02.4-10 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-10
14-02.4-10. Employment of individual - Exceptions - Physical examination - Investigation of medical history
Status: in_force

14-02.4-10. Employment of individual - Exceptions - Physical examination -

Investigation of medical history.

1. Sections 14-02.4-03 through 14-02.4-06 do not apply to business policies or practices

relating to the employment of an individual by the individual's parent, grandparent,

spouse, child, or grandchild, or in the domestic service of a person.

2. The employment of one person in place of another, standing by itself, is not evidence

of a discriminatory practice.

3. After a conditional offer of employment, it is not a discriminatory practice for an

employer, employment agency, or labor organization to:

a. Require a person to undergo physical examination for the purpose of determining

the person's capability to perform the essential functions of the job with or without

reasonable accommodations if every entering employee in the same job category

is subjected to the examination; or

b. Conduct an investigation as to the person's medical history for the purpose of

determining the person's capability to perform available employment if every

entering employee in the same job category is subjected to the investigation.

4. Medical history obtained under this section must be collected and maintained separate

from nonmedical information and must be kept confidential.
N.D. Cent. Code § 14-05-02.1 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-02.1
14-05-02.1. Decree to include social security numbers
Status: in_force

14-05-02.1. Decree to include social security numbers

Each decree of divorce must include the social security numbers of the parties to the

divorce.
N.D. Cent. Code § 14-14.1-18 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-18
14-14.1-18. (207) Inconvenient forum
Status: in_force

14-14.1-18. (207) Inconvenient forum

1. A court of this state which has jurisdiction under this chapter to make a child custody

determination may decline to exercise its jurisdiction at any time if it determines that it

is an inconvenient forum under the circumstances and that a court of another state is a

more appropriate forum. The issue of inconvenient forum may be raised upon motion

of a party, the court's own motion, or request of another court.

2. Before determining whether it is an inconvenient forum, a court of this state shall

consider whether it is appropriate for a court of another state to exercise jurisdiction.

For this purpose, the court shall allow the parties to submit information and shall

consider all relevant factors, including:

a. Whether domestic violence has occurred and is likely to continue in the future

and which state could best protect the parties and the child;

b. The length of time the child has resided outside this state;

c. The distance between the court in this state and the court in the state that would

assume jurisdiction;

d. The relative financial circumstances of the parties;

e. Any agreement of the parties as to which state should assume jurisdiction;

f. The nature and location of the evidence required to resolve the pending litigation,

including testimony of the child;

g. The ability of the court of each state to decide the issue expeditiously and the

procedures necessary to present the evidence; and

h. The familiarity of the court of each state with the facts and issues in the pending

litigation.

3. If a court of this state determines that it is an inconvenient forum and that a court of

another state is a more appropriate forum, it shall stay the proceedings upon condition

that a child custody proceeding be promptly commenced in another designated state

and may impose any other condition the court considers just and proper.

4. A court of this state may decline to exercise its jurisdiction under this chapter if a child

custody determination is incidental to an action for divorce or another proceeding while

still retaining jurisdiction over the divorce or other proceeding.
N.D. Cent. Code § 14-12.2-23 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-23
14-12.2-23. (311) Pleadings and accompanying documents
Status: in_force

14-12.2-23. (311) Pleadings and accompanying documents

1. In a proceeding under this chapter, a petitioner seeking to establish a support order, to

determine parentage, or to register and modify a support order of a tribunal of another

state or foreign country must file a petition. Unless otherwise ordered under section

14-12.2-24, the petition or accompanying documents must provide, so far as known,

the name, residential address, and social security numbers of the obligor and the

obligee or the parent and alleged parent, and the name, sex, residential address,

social security number, and date of birth of each child for whose benefit support is

sought or whose parentage is to be determined. Unless filed at the time of registration,

the petition must be accompanied by a copy of any support order known to have been

issued by another tribunal. The petition may include any other information that may

assist in locating or identifying the respondent.

2. The petition must specify the relief sought. The petition and accompanying documents

must conform substantially with the requirements imposed by the forms mandated by

federal law for use in cases filed by a support enforcement agency.
N.D. Cent. Code § 14-08.1-02 — ND Code / Title 14 / Chapter 14-08.1 / Section 14-08.1-02
14-08.1-02. Procedure for action
Status: in_force

14-08.1-02. Procedure for action

An obligation for the support of a child under section 14-08.1-01 may be asserted by a civil

action. The action may be commenced in the district court of the county wherein the child or the

defendant resides or may be found, or wherein the defendant has assets subject to attachment,

garnishment, or execution.
N.D. Cent. Code § 14-07-19 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-19
14-07-19. Bond may be given in lieu of punishment
Status: in_force

14-07-19. Bond may be given in lieu of punishment

In a prosecution for desertion or for nonsupport, before the trial and with the consent of the

defendant, or at the trial, on the entry of a plea of guilty, or after conviction, instead of imposing

the penalty, or in addition to the penalty, the court in its discretion, having regard to the

circumstances and to the financial ability or earning capacity of the defendant, may make an

order accepting the bond of the defendant to the state, in such amount and with such sureties

as the court shall prescribe and approve. If there has been a plea of guilty or a conviction,

judgment must be suspended until some condition of the bond is violated.
N.D. Cent. Code § 14-20-24 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-24
14-20-24. (314) Adoption of rules
Status: in_force

14-20-24. (314) Adoption of rules

The department of health and human services may adopt rules to implement sections

14-20-11 through 14-20-23.
N.D. Cent. Code § 14-07.7-13 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-13
14-07.7-13. Right to apply for relief
Status: in_force

14-07.7-13. Right to apply for relief

An individual's right to apply for relief under this chapter is not affected if the individual

leaves the residence or dwelling to avoid domestic violence. The court may not require security

or bond from any party unless the court deems it necessary in exceptional cases.
N.D. Cent. Code § 14-02.5-17 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-17
14-02.5-17. Gifts and grants - Fair housing fund - Continuing appropriation
Status: in_force

14-02.5-17. Gifts and grants - Fair housing fund - Continuing appropriation

The department may accept grants from the federal government for administering this

chapter. Grants received must be deposited to the credit of the fair housing fund in the state

treasury. Moneys deposited to the credit of the fund are appropriated to the department on a

continuing basis for the purposes of administering this chapter.
N.D. Cent. Code § 14-10-13 — ND Code / Title 14 / Chapter 14-10 / Section 14-10-13
14-10-13. Minor may not disaffirm statutory contracts
Status: in_force

14-10-13. Minor may not disaffirm statutory contracts

A minor cannot disaffirm an obligation, otherwise valid, entered into by the minor under the

express authority or direction of a statute.
N.D. Cent. Code § 14-15.1-03 — ND Code / Title 14 / Chapter 14-15.1 / Section 14-15.1-03
14-15.1-03. Petition for relinquishment - Hearing - Temporary custody order - Notice - Order for relinquishment
Status: in_force

14-15.1-03. Petition for relinquishment - Hearing - Temporary custody order - Notice -

Order for relinquishment.

1. The court shall set a time and place for a hearing on the petition for relinquishment. A

guardian ad litem must be appointed for the child at least seven days prior to the

hearing. The hearing may not be held sooner than forty-eight hours after the child's

birth or the signing of all necessary consents to adoption, whichever is later. If a report

of a child-placing agency is filed with the petition pursuant to section 14-15.1-04, the

court may enter a temporary order placing the child with the identified adoptive parent

pending the hearing.

2. Notice of the hearing must be served on or by any birth parent, the department, the

child-placing agency, the identified adoptive parent, and the guardian ad litem.

3. The court may require any birth parent to appear personally and enter consent to the

adoption on the record. The court shall determine that any written consent has been

validly executed. If the court determines it is in the best interests of the child, the court

shall approve the petition for relinquishment.

4. If the court approves the petition and determines, based upon the report of the

child-placing agency and other evidence presented at the hearing, that placement with

the identified adoptive parent is in the best interests of the child, the court shall:

a. Enter an order terminating the relationship of the birth parent and the child;

b. Order that the child be placed with the identified adoptive parent pending

adoption;

c. Order supervision by a child-placing agency until the adoption is finalized;

d. Order the identified adoptive parent financially responsible for the support of the

child until further order of the court; and

e. Make a finding regarding the reasonableness of expenses reported under section

14-15.1-05.
N.D. Cent. Code § 14-12.2-06 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-06
14-12.2-06. (203) Initiating and responding tribunal of this state
Status: in_force

14-12.2-06. (203) Initiating and responding tribunal of this state

Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward

proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated

in another state or foreign country.
N.D. Cent. Code § 14-09.4-16 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-16
14-09.4-16. Effect of adoption of child by stepparent or other relative
Status: in_force

14-09.4-16. Effect of adoption of child by stepparent or other relative

If a child is adopted by a stepparent or other relative of the child, an order of custody or

visitation to a nonparent remains in effect and is not changed by the adoption unless modified,

after notice to all parties to the custody or visitation proceeding, by the court that entered the

order or the court that granted the adoption.
N.D. Cent. Code § 14-14.1-11 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-11
14-14.1-11. (112) Cooperation between courts - Preservation of records
Status: in_force

14-14.1-11. (112) Cooperation between courts - Preservation of records

1. A court of this state may request the appropriate court of another state to:

a. Hold an evidentiary hearing;

b. Order a person to produce or give evidence pursuant to procedures of that state;

c. Order that an evaluation be made with respect to the custody of a child involved

in a pending proceeding;

d. Forward to the court of this state a certified copy of the transcript of the record of

the hearing, the evidence otherwise presented, and any evaluation prepared in

compliance with the request; and

e. Order a party to a child custody proceeding or any person having physical

custody of the child to appear in the proceeding with or without the child.

2. Upon request of a court of another state, a court of this state may hold a hearing or

enter an order described in subsection 1.

3. Travel and other necessary and reasonable expenses incurred under subsections 1

and 2 may be assessed against the parties according to the law of this state.

4. A court of this state shall preserve the pleadings, orders, decrees, records of hearings,

evaluations, and other pertinent records with respect to a child custody proceeding

until the child attains eighteen years of age. Upon appropriate request by a court or

law enforcement official of another state, the court shall forward a certified copy of

those records.
N.D. Cent. Code § 14-10-08 — ND Code / Title 14 / Chapter 14-10 / Section 14-10-08
14-10-08. Person to whom child confided substituting other child - Penalty
Status: in_force

14-10-08. Person to whom child confided substituting other child - Penalty

Every person to whom an infant has been confided for nursing, education, or any other

purpose, who, with intent to deceive any parent or guardian of such child, substitutes or

produces to such parent or guardian another child in the place of the one so confided, is guilty

of a class C felony.
N.D. Cent. Code § 14-05-16 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-16
14-05-16. Limitation of time
Status: in_force

14-05-16. Limitation of time

A divorce must be denied when there is an unreasonable lapse of time before the

commencement of the action. Unreasonable lapse of time is such a delay in commencing the

action as establishes the presumption that there has been connivance, collusion, or

condonation of the offense, or full acquiescence in the same, with intent to continue the

marriage relation, notwithstanding the commission of the offense set up as a ground of divorce.

The presumption arising from lapse of time may be rebutted by showing reasonable grounds for

the delay in commencing the action. There are no limitations of time for commencing actions for

divorce, except such as are contained in this section.
N.D. Cent. Code § 14-09-09.19 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.19
14-09-09.19. Interstate income withholding - Duties of the public authority upon receipt of request from another state
Status: repealed

14-09-09.19. Interstate income withholding - Duties of the public authority upon

receipt of request from another state.

Repealed by S.L. 1995, ch. 157, § 4.
N.D. Cent. Code § 14-07-09 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-09
14-07-09. Curtesy and dower extinguished
Status: in_force

14-07-09. Curtesy and dower extinguished

No estate is allowed the husband by curtesy upon the death of his wife and no estate in

dower is allotted to the wife upon the death of her husband.
N.D. Cent. Code § 14-02.4-03 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-03
14-02.4-03. Employer's discriminatory practices
Status: in_force

14-02.4-03. Employer's discriminatory practices

1. It is a discriminatory practice for an employer to fail or refuse to hire an individual; to

discharge an employee; or to accord adverse or unequal treatment to an individual or

employee with respect to application, hiring, training, apprenticeship, tenure,

promotion, upgrading, compensation, layoff, or a term, privilege, or condition of

employment, because of race, color, religion, sex, national origin, age, physical or

mental disability, status with respect 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.

2. It is a discriminatory practice for an employer to fail or refuse to make reasonable

accommodations for an otherwise qualified individual with a physical or mental

disability, because that individual is pregnant, or because of that individual's religion.

An employer is not required to provide an accommodation that would disrupt or

interfere with the employer's normal business operations; threaten an individual's

health or safety; contradict a business necessity of the employer; or impose an undue

hardship on the employer, taking into consideration 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. For purposes of this subsection,

"pregnant" includes pregnancy, childbirth, and related medical conditions.

3. This chapter does not prohibit compulsory retirement of any employee who has

attained sixty-five years of age, but not seventy years of age, and who, for the

two-year period immediately before retirement, is employed in a bona fide executive or

high policymaking position, if the employee is entitled to an immediate nonforfeiture

annual retirement benefit from a pension, profit-sharing, savings, or deferred

compensation plan, or any combination of those plans, of the employer of the

employee, which equal, in the aggregate, at least forty-four thousand dollars.
N.D. Cent. Code § 14-07.1-05 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-05
14-07.1-05. Right to apply for relief
Status: repealed

14-07.1-05. Right to apply for relief

Repealed by S.L. 2025, ch. 145, § 17.
N.D. Cent. Code § 14-09-09.26 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.26
14-09-09.26. State is real party in interest
Status: in_force

14-09-09.26. State is real party in interest

The state is a real party in interest for purposes of establishing paternity and securing

repayment of benefits paid, future support, and costs in action brought to establish, modify, or

enforce an order for support of a child in any of the following circumstances:

1. Whenever aid under chapter 50-09 or 50-24.1 is provided to a dependent child.

2. Whenever application is made and accepted for services provided by the child support

agency.

3. Whenever duties are imposed on the state or its public officials under chapter 14-12.2.
N.D. Cent. Code § 14-14.1-02 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-02
14-14.1-02. (103) Proceedings governed by other law
Status: in_force

14-14.1-02. (103) Proceedings governed by other law

This chapter does not govern an adoption proceeding or a proceeding pertaining to the

authorization of emergency medical care for a child.
N.D. Cent. Code § 14-20-55 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-55
14-20-55. (634) Order on default
Status: in_force

14-20-55. (634) Order on default

The court shall issue an order adjudicating the paternity of a man who:

1. After service of process, is in default; and

2. Is found by the court to be the father of a child.
N.D. Cent. Code § 14-09.1-02 — ND Code / Title 14 / Chapter 14-09.1 / Section 14-09.1-02
14-09.1-02. Mediation authorized - Exception
Status: in_force

14-09.1-02. Mediation authorized - Exception

In any proceeding involving an order, modification of an order, or enforcement of an order

for the custody, support, or visitation of a child in which the custody or visitation issue is

contested, the court may order mediation at the parties' own expense. The court may not order

mediation if the custody, support, or visitation issue involves or may involve physical or sexual

abuse of any party or the child of any party to the proceeding.
N.D. Cent. Code § 14-02.5-16 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-16
14-02.5-16. Cooperation with other entities
Status: in_force

14-02.5-16. Cooperation with other entities

The department shall cooperate with and may provide technical and other assistance to

federal, state, local, and other public or private entities that are designing or operating programs

to prevent or eliminate discriminatory housing practices.
N.D. Cent. Code § 14-09-09.31 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.31
14-09-09.31. Child support exempt from process
Status: in_force

14-09-09.31. Child support exempt from process

A child support obligation owed to an obligee who is a judgment debtor may not be subject

to execution, garnishment, attachment, or other process except to satisfy that child support

obligation. This section does not prohibit the child support agency from authorizing the state

disbursement unit to apply a payment of past-due support owed to an obligee to a child support

obligation owed by the same obligee or to another debt being enforced by the North Dakota

department of health and human services that arises out of a public assistance program.
N.D. Cent. Code § 14-20-46 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-46
14-20-46. (611) Proceeding before birth
Status: in_force

14-20-46. (611) Proceeding before birth

A proceeding to determine parentage may be commenced before the birth of the child, but

may not be concluded until after the birth of the child. The following actions may be taken before

the birth of the child:

1. Service of process;

2. Discovery; and

3. Except as prohibited by section 14-20-26, collection of specimens for genetic testing.
N.D. Cent. Code § 14-02-07 — ND Code / Title 14 / Chapter 14-02 / Section 14-02-07
14-02-07. Force to protect
Status: in_force

14-02-07. Force to protect

Any necessary force may be used to protect from wrongful injury the person or property of

one's self, or of a wife, husband, child, parent, or other relative, or member of one's family, or of

a ward, servant, master, or guest.
N.D. Cent. Code § 14-09-08.18 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.18
14-09-08.18. Health insurance reimbursements received by but not owed to obligor to be paid over - Finding of contempt - Treatment as delinquent child support
Status: in_force

14-09-08.18. Health insurance reimbursements received by but not owed to obligor to

be paid over - Finding of contempt - Treatment as delinquent child support.

1. A payment for services rendered by a medical provider to an obligor's dependent

which is directed to the obligor in the form of reimbursements from health insurance

must be paid to the medical provider, custodial parent, or child support agency when

the reimbursement is not owed to the obligor.

2. Any child support order that requires an obligor to provide health insurance is deemed

to include the requirements of this section. An obligor retaining insurance

reimbursement not owed to the obligor may be found in contempt of a child support

order that requires the obligor to provide health insurance.

3. Any insurance reimbursement received by the obligor, but not owed to the obligor, may

be treated as delinquent child support thirty days after receipt by the obligor if not

sooner paid to the medical provider, custodial parent, or child support agency, as their

interests may appear, and is subject to all remedies available under this code for the

collection of delinquent child support.
N.D. Cent. Code § 14-07-01 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-01
14-07-01. Mutual obligations
Status: in_force

14-07-01. Mutual obligations

Husband and wife contract toward each other obligations of mutual respect, fidelity, and

support.
N.D. Cent. Code § 14-09.3-25 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-25
14-09.3-25. (404) Termination by operation of law of temporary grant of custodial responsibility established by court order
Status: in_force

14-09.3-25. (404) Termination by operation of law of temporary grant of custodial

responsibility established by court order.

1. If an agreement between the parties to terminate a temporary order for custodial

responsibility under sections 14-09.3-11 through 14-09.3-21 has not been filed, the

order terminates sixty days after the deploying parent gives notice to the other parent

and any nonparent granted custodial responsibility that the deploying parent has

returned from deployment.

2. A proceeding seeking to prevent termination of a temporary order for custodial

responsibility is governed by law of this state other than this chapter.
N.D. Cent. Code § 14-02.5-18 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-18
14-02.5-18. Complaint
Status: in_force

14-02.5-18. Complaint

1. The department shall investigate complaints of alleged discriminatory housing

practices. An aggrieved person may file a complaint with the department alleging the

discriminatory housing practice. The department may file a complaint. A complaint

must be in writing and must contain such information and be in such form as

prescribed by the department. A complaint must be filed on or before the first

anniversary of the date the alleged discriminatory housing practice occurs or

terminates, whichever is later. A complaint may be amended at any time.

2. On the filing of a complaint, the department shall give the aggrieved person notice that

the complaint has been received, advise the aggrieved person of the time limits and

choice of forums under this chapter, and not later than the tenth day after the date of

the filing of the complaint or the identification of an additional or substitute respondent

under section 14-02.5-21, serve on each respondent a notice identifying the alleged

discriminatory housing practice and advising the respondent of the procedural rights

and obligations of a respondent under this chapter and a copy of the original

complaint.
N.D. Cent. Code § 14-14.1-15 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-15
14-14.1-15. (204) Temporary emergency jurisdiction
Status: in_force

14-14.1-15. (204) Temporary emergency jurisdiction

1. A court of this state has temporary emergency jurisdiction if the child is present in this

state and the child has been abandoned or it is necessary in an emergency to protect

the child because the child, or a sibling or parent of the child, is subjected to or

threatened with mistreatment or abuse.

2. If there is no previous child custody determination that is entitled to be enforced under

this chapter and a child custody proceeding has not been commenced in a court of a

state having jurisdiction under sections 14-14.1-12 through 14-14.1-14, a child custody

determination made under this section remains in effect until an order is obtained from

a court of a state having jurisdiction under sections 14-14.1-12 through 14-14.1-14. If a

child custody proceeding has not been or is not commenced in a court of a state

having jurisdiction under sections 14-14.1-12 through 14-14.1-14, a child custody

determination made under this section becomes a final determination, if it so provides

and this state becomes the home state of the child.

3. If there is a previous child custody determination that is entitled to be enforced under

this chapter, or a child custody proceeding has been commenced in a court of a state

having jurisdiction under sections 14-14.1-12 through 14-14.1-14, any order issued by

a court of this state under this section must specify in the order a period that the court

considers adequate to allow the person seeking an order to obtain an order from the

state having jurisdiction under sections 14-14.1-12 through 14-14.1-14. The order

issued in this state remains in effect until an order is obtained from the other state

within the period specified or the period expires.

4. A court of this state which has been asked to make a child custody determination

under this section, upon being informed that a child custody proceeding has been

commenced in, or a child custody determination has been made by, a court of a state

having jurisdiction under sections 14-14.1-12 through 14-14.1-14, shall immediately

communicate with the other court. A court of this state which is exercising jurisdiction

pursuant to sections 14-14.1-12 through 14-14.1-14, upon being informed that a child

custody proceeding has been commenced in, or a child custody determination has

been made by, a court of another state under a statute similar to this section shall

immediately communicate with the court of that state to resolve the emergency, protect

the safety of the parties and the child, and determine a period for the duration of the

temporary order.
N.D. Cent. Code § 14-09-01 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-01
14-09-01. Legitimacy of children born in wedlock
Status: repealed

14-09-01. Legitimacy of children born in wedlock

Repealed by S.L. 2005, ch. 135, § 11.
N.D. Cent. Code § 14-20-63 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-63
14-20-63. (705) Limitation on husband's dispute of paternity
Status: in_force

14-20-63. (705) Limitation on husband's dispute of paternity

1. Except as otherwise provided in subsection 2, the husband of a wife who gives birth to

a child by means of assisted reproduction may not challenge his paternity of the child

unless:

a. Within two years after learning of the birth of the child he commences a

proceeding to adjudicate his paternity; and

b. The court finds that he did not consent to the assisted reproduction, before or

after birth of the child.

2. A proceeding to adjudicate paternity may be maintained at any time if the court

determines that:

a. The husband did not provide sperm for, or before or after the birth of the child

consent to, assisted reproduction by his wife;

b. The husband and the mother of the child have not cohabited since the probable

time of assisted reproduction; and

c. The husband never openly held out the child as his own.

3. The limitation provided in this section applies to a marriage declared invalid after

assisted reproduction.
N.D. Cent. Code § 14-12.2-48 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-48
14-12.2-48. (801) Grounds for rendition
Status: in_force

14-12.2-48. (801) Grounds for rendition

1. For purposes of sections 14-12.2-48 and 14-12.2-49, "governor" includes an individual

performing the functions of governor or the executive authority of a state covered by

this chapter.

2. The governor of this state may:

a. Demand that the governor of another state surrender an individual found in the

other state who is charged criminally in this state with having failed to provide for

the support of an obligee; or

b. On the demand of the governor of another state, surrender an individual found in

this state who is charged criminally in the other state with having failed to provide

for the support of an obligee.

3. A provision for extradition of individuals not inconsistent with this chapter applies to the

demand even if the individual whose surrender is demanded was not in the demanding

state when the crime was allegedly committed and has not fled therefrom.
N.D. Cent. Code § 14-05-03 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-03
14-05-03. Causes for divorce
Status: in_force

14-05-03. Causes for divorce

Divorces may be granted for any of the following causes:

1. Adultery.

2. Extreme cruelty.

3. Willful desertion.

4. Willful neglect.

5. Abuse of alcohol or controlled substances.

6. Conviction of felony.

7. Irreconcilable differences.
N.D. Cent. Code § 14-02.5-27 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-27
14-02.5-27. Land use law
Status: in_force

14-02.5-27. Land use law

If the department determines that the matter involves the legality of a state or local zoning

or other land use law or ordinance, the department may not issue a charge and shall

immediately refer the matter to the attorney general for appropriate action.
N.D. Cent. Code § 14-05-13 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-13
14-05-13. Condonation defined - Requisites
Status: in_force

14-05-13. Condonation defined - Requisites

Condonation is the conditional forgiveness of a matrimonial offense constituting a cause of

divorce. The following requirements are necessary to condonation:

1. A knowledge on the part of the condoner of the facts constituting the cause of divorce;

2. Reconciliation and remission of the offense by the injured party; and

3. Restoration of the offending party to all marital rights.

Condonation implies a condition subsequent that the forgiving party must be treated with

conjugal kindness. When the cause of divorce consists of a course of offensive conduct, or

arises in cases of cruelty from successive acts of ill treatment, which aggregately may constitute

the offense, cohabitation, or passive endurance, or conjugal kindness shall not be evidence of

condonation of any of the acts constituting such cause, unless accompanied by an express

agreement to condone. In such cases, condonation can be made only after the cause of divorce

has become complete as to the acts complained of. A fraudulent concealment by the condonee

of facts constituting a different cause of divorce from the one condoned and existing at the time

of condonation avoids such condonation.
N.D. Cent. Code § 14-03-03 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-03
14-03-03. Void marriages
Status: in_force

14-03-03. Void marriages

The following marriages are incestuous and void:

1. Marriage between parents and children, including grandparents and grandchildren of

every degree.

2. Marriage between brothers and sisters of the half as well as the whole blood.

3. Marriage between uncles and nieces of the half as well as the whole blood.

4. Marriage between aunts and nephews of the half as well as the whole blood.

5. Marriage between first cousins of the half as well as the whole blood.

This section applies to illegitimate as well as legitimate children and relatives.
N.D. Cent. Code § 14-01-03 — ND Code / Title 14 / Chapter 14-01 / Section 14-01-03
14-01-03. Insane person - Cannot contract after incapacity determined - Right to make will
Status: in_force

14-01-03. Insane person - Cannot contract after incapacity determined - Right to make

will.

After a person's incapacity has been determined judicially upon application for the

appointment of a guardian, a person of unsound mind can make no conveyance or other

contract, nor delegate any power, nor waive any right until the person's restoration to capacity is

determined judicially. If actually restored to capacity, the person may make a will, though the

person's restoration is not determined judicially.
N.D. Cent. Code § 14-08.1-01.1 — ND Code / Title 14 / Chapter 14-08.1 / Section 14-08.1-01.1
14-08.1-01.1. Definitions
Status: in_force

14-08.1-01.1. Definitions

Terms defined in chapter 14-09 have the same meaning when used in this chapter.
N.D. Cent. Code § 14-20-05 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-05
14-20-05. (105) Protection of participants
Status: in_force

14-20-05. (105) Protection of participants

Proceedings under this chapter are subject to other law of this state governing the health,

safety, privacy, and liberty of a child or other individual who could be jeopardized by disclosure

of identifying information, including address, telephone number, place of employment, social

security number, and the child's day care facility and school.
N.D. Cent. Code § 14-20-15 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-15
14-20-15. (305) Effect of acknowledgment or denial of paternity
Status: in_force

14-20-15. (305) Effect of acknowledgment or denial of paternity

1. Except as otherwise provided in sections 14-20-17 and 14-20-18, a valid

acknowledgment of paternity filed with the department of health and human services is

equivalent to an adjudication of paternity of a child and confers upon the

acknowledged father all of the rights and duties of a parent and must be recognized as

a basis for a support order in any proceeding to establish, enforce, or modify a support

order.

2. Except as otherwise provided in sections 14-20-17 and 14-20-18, a valid denial of

paternity by a presumed father filed with the department of health and human services

in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication

of the nonpaternity of the presumed father and discharges the presumed father from

all rights and duties of a parent.
N.D. Cent. Code § 14-20-27 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-27
14-20-27. (503) Requirements for genetic testing
Status: in_force

14-20-27. (503) Requirements for genetic testing

1. Genetic testing must be of a type reasonably relied upon by experts in the field of

genetic testing and performed in a testing laboratory accredited by:

a. The American association of blood banks, or a successor to its functions;

b. The American society for histocompatibility and immunogenetics, or a successor

to its functions; or

c. An accrediting body designated by the United States secretary of health and

human services.

2. A specimen used in genetic testing may consist of one or more samples, or a

combination of samples, of blood, buccal cells, bone, hair, or other body tissue or fluid.

The specimen used in the testing need not be of the same kind for each individual

undergoing genetic testing.

3. Based on the ethnic or racial group of an individual, the testing laboratory shall

determine the databases from which to select frequencies for use in calculation of the

probability of paternity. If there is a disagreement as to the testing laboratory's choice,

the following rules apply:

a. The individual objecting may require the testing laboratory, within thirty days after

receipt of the report of the test, to recalculate the probability of paternity using an

ethnic or racial group different from that used by the laboratory.

b. The individual objecting to the testing laboratory's initial choice shall:

(1) If the frequencies are not available to the testing laboratory for the ethnic or

racial group requested, provide the requested frequencies compiled in a

manner recognized by accrediting bodies; or

(2) Engage another testing laboratory to perform the calculations.

c. The testing laboratory may use its own statistical estimate if there is a question

regarding which ethnic or racial group is appropriate. If available, the testing

laboratory shall calculate the frequencies using statistics for any other ethnic or

racial group requested.

4. If, after recalculation using a different ethnic or racial group, genetic testing does not

rebuttably identify a man as the father of a child under section 14-20-29, an individual

who has been tested may be required to submit to additional genetic testing.
N.D. Cent. Code § 14-20-51 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-51
14-20-51. (624) Temporary order
Status: in_force

14-20-51. (624) Temporary order

1. In a proceeding under sections 14-20-36 through 14-20-58, the court shall issue a

temporary order for support of a child if the order is appropriate and the individual

ordered to pay support is:

a. A presumed father of the child;

b. Petitioning to have his paternity adjudicated;

c. Identified as the father through genetic testing under section 14-20-29;

d. An alleged father who has declined to submit to genetic testing;

e. Shown by clear and convincing evidence to be the father of the child; or

f. The mother of the child.

2. A temporary order may include provisions for custody and visitation as provided by

other law of this state.
N.D. Cent. Code § 14-08.1-03 — ND Code / Title 14 / Chapter 14-08.1 / Section 14-08.1-03
14-08.1-03. Security required - Enforcement remedies
Status: in_force

14-08.1-03. Security required - Enforcement remedies

In order to enforce an obligation for the support of a child under section 14-08.1-01, the

court may make suitable provision for the future care or support of the child, require reasonable

security for payments required under this chapter, and enforce the obligation by attachment,

garnishment, or by other appropriate remedies, including proceedings under chapter 14-08 as

nearly as may be.
N.D. Cent. Code § 14-12.2-44 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-44
14-12.2-44. (610) Effect of registration for modification
Status: in_force

14-12.2-44. (610) Effect of registration for modification

A tribunal of this state may enforce a child support order of another state registered for

purposes of modification, in the same manner as if the order had been issued by a tribunal of

this state, but the registered order may be modified only if the requirements of section

14-12.2-45 or 14-12.2-46.1 have been met.
N.D. Cent. Code § 14-09.3-01 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-01
14-09.3-01. (102) Definitions
Status: in_force

14-09.3-01. (102) Definitions

1. "Adult" means an individual who has attained eighteen years of age or an

emancipated minor.

2. "Caretaking authority" means the right to live with and care for a child on a day-to-day

basis. The term includes physical custody, parenting time, right to access, and

visitation.

3. "Child" means:

a. An unemancipated individual who has not attained eighteen years of age; or

b. An adult son or daughter by birth or adoption, or under law of this state other than

this chapter, who is the subject of a court order concerning custodial

responsibility.

4. "Court" means a tribunal authorized under law of this state other than this chapter to

make, enforce, or modify a decision regarding custodial responsibility.

5. "Custodial responsibility" includes all powers and duties relating to caretaking authority

and decisionmaking authority for a child. The term includes physical custody, legal

custody, parenting time, right to access, visitation, and authority to grant limited contact

with a child.

6. "Decisionmaking authority" means the power to make important decisions regarding a

child, including decisions regarding the child's education, religious training, health

care, extracurricular activities, and travel. The term does not include the power to

make decisions that necessarily accompany a grant of caretaking authority.

7. "Deploying parent" means a service member, who is deployed or has been notified of

impending deployment and is:

a. A parent of a child under law of this state other than this chapter; or

b. An individual who has custodial responsibility for a child under law of this state

other than this chapter.

8. "Deployment" means the movement or mobilization of a service member for more than

ninety days but less than eighteen months pursuant to uniformed service orders that:

a. Are designated as unaccompanied;

b. Do not authorize dependent travel; or

c. Otherwise do not permit the movement of family members to the location to which

the service member is deployed.

9. "Family member" means a sibling, aunt, uncle, cousin, stepparent, or grandparent of a

child or an individual recognized to be in a familial relationship with a child under law of

this state other than this chapter.

10. "Limited contact" means the authority of a nonparent to visit a child for a limited time.

The term includes authority to take the child to a place other than the residence of the

child.

11. "Nonparent" means an individual other than a deploying parent or other parent.

12. "Other parent" means an individual who, in common with a deploying parent, is:

a. A parent of a child under law of this state other than this chapter; or

b. An individual who has custodial responsibility for a child under law of this state

other than this chapter.

13. "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.

14. "Return from deployment" means the conclusion of a service member's deployment as

specified in uniformed service orders.

15. "Service member" means a member of a uniformed service.

16. "Sign" means, with present intent to authenticate or adopt a record:

a. To execute or adopt a tangible symbol; or

b. To attach to or logically associate with the record an electronic symbol, sound, or

process.

17. "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.

18. "Uniformed service" means:

a. Active and reserve components of the army, navy, air force, marine corps, or

coast guard of the United States;

b. The United States merchant marine;

c. The commissioned corps of the United States public health service;

d. The commissioned corps of the national oceanic and atmospheric administration

of the United States; or

e. The national guard of a state.
N.D. Cent. Code § 14-02.4-13 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-13
14-02.4-13. Discriminatory housing practice by financial institution or lender
Status: repealed

14-02.4-13. Discriminatory housing practice by financial institution or lender

Repealed by S.L. 1999, ch. 134, § 4.
N.D. Cent. Code § 14-02.1-03.5 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-03.5
14-02.1-03.5. Abortion-inducing drugs
Status: in_force

14-02.1-03.5. Abortion-inducing drugs

1. For purposes of this chapter, an abortion accomplished by the use of an

abortion-inducing drug is deemed to occur when the drug is prescribed, in the case of

a prescription, or when the drug is administered directly to the woman by the

physician.

2. It is unlawful to knowingly give, sell, dispense, administer, otherwise provide, or

prescribe any abortion-inducing drug to a pregnant woman for the purpose of inducing

an abortion in that pregnant woman, or enabling another person to induce an abortion

in a pregnant woman, unless the person who gives, sells, dispenses, administers, or

otherwise provides or prescribes the abortion-inducing drug is a physician, and the

provision or prescription of the abortion-inducing drug satisfies the protocol tested and

authorized by the federal food and drug administration and as outlined in the label for

the abortion-inducing drug.

3. Every pregnant woman to whom a physician gives, sells, dispenses, administers,

otherwise provides, or prescribes any abortion-inducing drug must be provided with a

copy of the drug's label.

4. Any physician who gives, sells, dispenses, administers, prescribes, or otherwise

provides an abortion-inducing drug shall enter a signed contract with another physician

who agrees to handle emergencies associated with the use or ingestion of the

abortion-inducing drug. The physician shall produce the signed contract on demand by

the patient, the state department of health, or a criminal justice agency. Every pregnant

woman to whom a physician gives, sells, dispenses, administers, prescribes, or

otherwise provides any abortion-inducing drug must be provided the name and

telephone number of the physician who will be handling emergencies and the hospital

at which any emergencies will be handled. The physician who contracts to handle

emergencies must have active admitting privileges and gynecological and surgical

privileges at the hospital designated to handle any emergencies associated with the

use or ingestion of the abortion-inducing drug.

5. When an abortion-inducing drug or chemical is used for the purpose of inducing an

abortion, the drug or chemical must be administered by or in the same room and in the

physical presence of the physician who prescribed, dispensed, or otherwise provided

the drug or chemical to the patient.
N.D. Cent. Code § 14-07.5-03 — ND Code / Title 14 / Chapter 14-07.5 / Section 14-07.5-03
14-07.5-03. Judicial enforcement of order
Status: in_force

14-07.5-03. Judicial enforcement of order

1. A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic

violence protection order on application of:

a. A person authorized by the law of this state other than this chapter to seek

enforcement of a domestic protection order; or

b. A respondent.

2. A tribunal shall follow the procedures of this state for enforcement of a domestic

protection order. An order entered under this section is limited to the enforcement of

the terms of the Canadian domestic violence protection order as provided in this

chapter.

3. A Canadian domestic violence protection order is valid if it:

a. Identifies a protected individual and a 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 court; 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. An individual authorized under the law of this state to seek enforcement of a Canadian

domestic violence 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 Canadian domestic violence 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 Canadian domestic violence

protection order against a party to the order in which each party is a protected

individual and respondent if:

a. The party seeking enforcement of the order filed a pleading requesting the order

from the issuing court; and

b. The tribunal made specific findings that entitled the party to the enforcement

sought.
N.D. Cent. Code § 14-08.1-01 — ND Code / Title 14 / Chapter 14-08.1 / Section 14-08.1-01
14-08.1-01. Liability for support
Status: in_force

14-08.1-01. Liability for support

A person legally responsible for the support of a child under the age of eighteen years who

is not subject to any subsisting court order for the support of the child and who fails to provide

support, subsistence, education, or other necessary care for the child, regardless of whether the

child is not or was not in destitute circumstances, is liable for the reasonable value of physical

and custodial care or support which has been furnished to the child by any person, institution,

agency, or human service zone. Any payment of public assistance money made to or for the

benefit of any dependent child creates a presumption that such payment equals the reasonable

value of physical and custodial care or support.
N.D. Cent. Code § 14-07.6-04 — ND Code / Title 14 / Chapter 14-07.6 / Section 14-07.6-04
14-07.6-04. Rules - Authority
Status: in_force

14-07.6-04. Rules - Authority

The supreme court may adopt rules to implement this chapter.
N.D. Cent. Code § 14-12.2-17 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-17
14-12.2-17. (305) Duties and powers of responding tribunal
Status: in_force

14-12.2-17. (305) Duties and powers of responding tribunal

1. When a responding tribunal of this state receives a petition or comparable pleading

from an initiating tribunal or directly under subsection 2 of section 14-12.2-13, it shall

cause the petition or pleading to be filed and notify the petitioner where and when it

was filed.

2. A responding tribunal of this state, to the extent not prohibited by other law, may do

one or more of the following:

a. Establish or enforce a support order, modify a child support order, determine the

controlling child support order, or determine parentage of a child;

b. Order an obligor to comply with a support order, specifying the amount and the

manner of compliance;

c. Order income withholding;

d. Determine the amount of any arrearages, and specify a method of payment;

e. Enforce orders by civil or criminal contempt, or both;

f. Set aside property for satisfaction of the support order;

g. Place liens and order execution on the obligor's property;

h. Order an obligor to keep the tribunal informed of the obligor's current residential

address, electronic mail address, telephone number, employer, address of

employment, and telephone number at the place of employment;

i. Issue a bench warrant for an obligor who has failed after proper notice to appear

at a hearing ordered by the tribunal and enter the bench warrant in any local and

state computer systems for criminal warrants;

j. Order the obligor to seek appropriate employment by specified methods;

k. Award reasonable attorney's fees and other fees and costs; and

l. Grant any other available remedy.

3. A responding tribunal of this state shall include in a support order issued under this

chapter, or in the documents accompanying the order, the calculations on which the

support order is based.

4. A responding tribunal of this state may not condition the payment of a support order

issued under this chapter upon compliance by a party with provisions for visitation.

5. If a responding tribunal of this state issues an order under this chapter, the tribunal

shall send a copy of the order to the petitioner and the respondent and to the initiating

tribunal, if any.

6. If requested to enforce a support order, arrears, or judgment or modify a support order

stated in a foreign currency, a responding tribunal of this state shall convert the

amount stated in the foreign currency to the equivalent amount in dollars under the

applicable official or market exchange rate as publicly reported.
N.D. Cent. Code § 14-07.1-11 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-11
14-07.1-11. Arrest without warrant
Status: in_force

14-07.1-11. Arrest without warrant

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

made within twelve hours from the time the officer determines there is probable cause

to arrest for an assault of a family or household member as defined in section

14-07.1-01, whether or not the assault took place in the presence of the officer. After

twelve hours has elapsed, the officer shall secure an arrest warrant before making an

arrest. A law enforcement officer may not arrest an individual pursuant to this

subsection without first observing that there has been recent physical injury to, or

impairment of physical condition of, the alleged victim. This subsection does not apply

to an arrest made by a law enforcement officer in accordance with section 14-07.7-18.

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 and without

malice.
N.D. Cent. Code § 14-09-09.30 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.30
14-09-09.30. Monthly amount due
Status: in_force

14-09-09.30. Monthly amount due

1. If there is a current monthly support obligation, the total amount of child support due in

each month for purposes of income withholding is the sum of the obligor's current

monthly support obligation; and

a. The amount the obligor is ordered to pay toward any outstanding arrearage; or

b. If no order to repay an arrearage exists, an amount for application to any

arrearage equal to twenty percent of the obligor's current monthly support

obligation; or

2. If there is no current monthly support obligation, the total amount of child support due

in each month for purposes of income withholding is:

a. Unless either subdivision b or c applies, an amount equal to the greater of:

(1) The amount the obligor is ordered to pay toward any outstanding arrearage;

or

(2) The sum of the obligor's most recent monthly support obligation and twenty

percent of the obligor's most recent monthly support obligation;

b. An amount the obligor is ordered to pay toward an arrearage or, if no order to

repay an arrearage exists, an amount equal to twenty percent of the obligor's

most recent monthly support obligation, if the supported child resides with the

obligor pursuant to a court order; or

c. An amount the obligor is ordered to pay toward an arrearage if that amount is

included in an order issued when there is no current monthly support obligation.

3. The total amount of child support due in each month under this section for purposes of

income withholding may be increased at the request of the obligor to repay an

arrearage or by agreement with the child support agency.
N.D. Cent. Code § 14-02.4-01 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-01
14-02.4-01. State policy against discrimination
Status: in_force

14-02.4-01. State policy against discrimination

It is the policy of this state to prohibit discrimination on the basis of race, color, religion, sex,

national origin, age, the presence of any mental or physical 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; to prevent and eliminate discrimination in employment relations,

public accommodations, housing, state and local government services, and credit transactions;

and to deter those who aid, abet, or induce discrimination or coerce others to discriminate.
N.D. Cent. Code § 14-05-18 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-18
14-05-18. Presumption of domicile
Status: in_force

14-05-18. Presumption of domicile

In actions for divorce, the presumption of law that the domicile of the husband is the

domicile of the wife does not apply. After separation, each party may have a separate domicile,

depending for proof upon actual residence and not upon legal presumptions.
N.D. Cent. Code § 14-06.1-08 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-08
14-06.1-08. Assistance in finding permanent employment for trainee
Status: in_force

14-06.1-08. Assistance in finding permanent employment for trainee

Service centers are responsible for assisting in preparing the trainee for employment. The

superintendent shall work in cooperation with the appropriate agencies.
N.D. Cent. Code § 14-03-06 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-06
14-03-06. Marriage of person having husband or wife void - Exception
Status: in_force

14-03-06. Marriage of person having husband or wife void - Exception

A marriage contracted by a person having a former husband or wife living, if the former

marriage has not been annulled or dissolved, is illegal and void from the beginning unless such

former husband or wife was absent and believed by such person to be dead for a period of five

years immediately preceding such marriage.
N.D. Cent. Code § 14-20-07 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-07
14-20-07. (201) Establishment of parent-child relationship
Status: in_force

14-20-07. (201) Establishment of parent-child relationship

1. The mother-child relationship is established between a woman and a child by:

a. The woman's having given birth to the child;

b. An adjudication of the woman's maternity; or

c. Adoption of the child by the woman.

2. The father-child relationship is established between a man and a child by:

a. An unrebutted presumption of the man's paternity of the child under section

14-20-10;

b. An effective acknowledgment of paternity by the man under sections 14-20-11

through 14-20-24, unless the acknowledgment has been rescinded or

successfully challenged;

c. An adjudication of the man's paternity;

d. Adoption of the child by the man; or

e. The man's having consented to assisted reproduction by a woman under sections

14-20-59 through 14-20-65 which resulted in the birth of the child.
N.D. Cent. Code § 14-09.4-11 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-11
14-09.4-11. Best interest of child
Status: in_force

14-09.4-11. Best interest of child

In determining whether an order of custody or visitation to a nonparent is in the best interest

of a child, the court shall consider:

1. The nature and extent of the relationship between the child and the parent;

2. The nature and extent of the relationship between the child and the nonparent;

3. The views of the child, taking into account the age and maturity of the child;

4. Past or present conduct by a party, or individual living with a party, which poses a risk

to the physical, emotional, or psychological well-being of the child;

5. The likely impact of the requested order on the relationship between the child and the

parent;

6. The applicable factors in section 14-09-06.2; and

7. Any other factor affecting the best interest of the child.
N.D. Cent. Code § 14-14.2-11 — ND Code / Title 14 / Chapter 14-14.2 / Section 14-14.2-11
14-14.2-11. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

14-14.2-11. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global

and National Commerce Act [15 U.S.C. 7001, et seq.] but does not modify, limit, or supersede

section 101(c) of the act or authorize electronic delivery of any of the notices described in

section 103(b) of the act.
N.D. Cent. Code § 14-15.1-01 — ND Code / Title 14 / Chapter 14-15.1 / Section 14-15.1-01
14-15.1-01. Definitions
Status: in_force

14-15.1-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Birth parent" means the woman who gave birth to a child, any man alleged by that

woman to be the biological father of that child, or any man presumed by law or

judicially determined to be the biological father of that child.

2. "Child-placing agency" means an agency licensed under chapter 50-12.

3. "Court" means the district court of this state.

4. "Department" means the department of health and human services.

5. "Identified adoptive parent" means the person or persons eligible under section

14-15-03 to adopt a child and who has been selected by a birth parent to adopt a

specific child.

6. "Relative" means a brother, sister, stepbrother, stepsister, first cousin, uncle, aunt, or

grandparent of the child by marriage, blood, or adoption.
N.D. Cent. Code § 14-02.5-43 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-43
14-02.5-43. Intervention by attorney general
Status: in_force

14-02.5-43. Intervention by attorney general

On request of the department, the attorney general may intervene in an action under

sections 14-02.5-39 through 14-02.5-44 if the department certifies that the case is of general

public importance. The attorney general may obtain the same relief as is available to the

attorney general under subsection 2 of section 14-02.5-37.
N.D. Cent. Code § 14-02.5-36 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-36
14-02.5-36. Attorney general action for enforcement
Status: in_force

14-02.5-36. Attorney general action for enforcement

If a timely election is made under section 14-02.5-30, the department shall authorize and

the attorney general shall file not later than the thirtieth day after the date of the election a claim

for relief seeking relief for the benefit of the aggrieved person in a district court. In any action for

enforcement under this section, the attorney general represents the department. Venue for an

action is in the county in which the alleged discriminatory housing practice occurred or is about

to occur. An aggrieved person may intervene in the action. If the court finds that a discriminatory

housing practice has occurred or is about to occur, the court may grant as relief any relief that a

court may grant in a civil action under sections 14-02.5-39 through 14-02.5-44. If monetary relief

is sought for the benefit of an aggrieved person who does not intervene in the civil action, the

court may not award the monetary relief if that aggrieved person has not complied with

discovery orders entered by the court.
N.D. Cent. Code § 14-12.2-46.4 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-46.4
14-12.2-46.4. (616) Procedure to register child support order of foreign country for modification
Status: in_force

14-12.2-46.4. (616) Procedure to register child support order of foreign country for

modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a

foreign child support order not subject to the convention may register that order in this state as

provided in sections 14-12.2-35 through 14-12.2-42 if the order has not been registered. A

petition for modification may be filed at the same time as a request for registration, or at another

time. The petition must specify the grounds for modification.
N.D. Cent. Code § 14-08-10 — ND Code / Title 14 / Chapter 14-08 / Section 14-08-10
14-08-10. Remedies additional to those existing
Status: repealed

14-08-10. Remedies additional to those existing

Repealed by S.L. 1989, ch. 148, § 36.
N.D. Cent. Code § 14-07-12 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-12
14-07-12. Transfer of property when abandoned or imprisoned
Status: in_force

14-07-12. Transfer of property when abandoned or imprisoned

In case the husband or wife abandons the other and removes from the state and is absent

therefrom for one year without providing for the maintenance and support of that person's family,

or is sentenced to imprisonment either in the county jail or penitentiary for the period of one year

or more, the district court of the county where the husband or wife so abandoned or not in

prison resides, on application by affidavit of such husband or wife fully setting forth the facts and

supported by such other testimony as the court may deem necessary, may authorize that

person to manage, control, sell, or encumber the property of the husband or wife for the support

and maintenance of the family and for the purpose of paying debts contracted prior to such

abandonment or imprisonment. Notice of such proceedings must be given to the opposite party

and must be served as a summons is served in ordinary actions.
N.D. Cent. Code § 14-14.1-34 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-34
14-14.1-34. (314) Appeals
Status: in_force

14-14.1-34. (314) Appeals

An appeal may be taken from a final order in a proceeding under sections 14-14.1-22

through 14-14.1-37 in accordance with expedited appellate procedures in other civil cases.

Unless the court enters a temporary emergency order under section 14-14.1-24, the enforcing

court may not stay an order enforcing a child custody determination pending appeal.
N.D. Cent. Code § 14-02.1-08 — ND Code / Title 14 / Chapter 14-02.1 / Section 14-02.1-08
14-02.1-08. Protection of infant born alive - Penalty
Status: in_force

14-02.1-08. Protection of infant born alive - Penalty

1. A person is guilty of a class C felony if the person knowingly, or negligently, causes the

death of an infant born alive.

2. Whenever an unborn child who is the subject of abortion is born alive and is viable, it

becomes an abandoned child and a child in need of protection, unless:

a. The termination of the pregnancy is necessary to preserve the life of the mother;

or

b. The mother and her spouse, or either of them, have agreed in writing in advance

of the abortion, or within seventy-two hours thereafter, to accept the parental

rights and responsibilities for the unborn child if it survives the abortion

procedure.
N.D. Cent. Code § 14-10-03 — ND Code / Title 14 / Chapter 14-10 / Section 14-10-03
14-10-03. Minor or person of unsound mind liable for wrongs
Status: in_force

14-10-03. Minor or person of unsound mind liable for wrongs

A minor or a person of unsound mind of whatever degree is liable civilly for a wrong done by

the minor or person of unsound mind in like manner as any other person.
N.D. Cent. Code § 14-05-04 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-04
14-05-04. Adultery defined
Status: in_force

14-05-04. Adultery defined

Adultery is the voluntary sexual intercourse of a married person with a person other than the

offender's husband or wife.
N.D. Cent. Code § 14-12.2-33.5 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-33.5
14-12.2-33.5. (506) Contest by obligor
Status: in_force

14-12.2-33.5. (506) Contest by obligor

1. An obligor may contest the validity or enforcement of an income-withholding order

issued in another state and received directly by an employer in this state by registering

the order in a tribunal of this state and filing a contest to that order as provided in

sections 14-12.2-35 through 14-12.2-46.4, or otherwise contesting the order in the

same manner as if the order had been issued by a tribunal of this state.

2. The obligor shall give notice of the contest to:

a. A support enforcement agency providing services to the obligee;

b. Each employer that has directly received an income-withholding order relating to

the obligor; and

c. The person designated to receive payments in the income-withholding order or if

no person is designated, to the obligee.
N.D. Cent. Code § 14-04-02 — ND Code / Title 14 / Chapter 14-04 / Section 14-04-02
14-04-02. Action to annul - Limitations of time
Status: in_force

14-04-02. Action to annul - Limitations of time

An action to obtain a decree of nullity of marriage for causes mentioned in section 14-04-01

must be commenced within the periods and by the parties as follows:

1. For causes mentioned in subsection 1, by the party to the marriage who was married

under the age of legal consent, within four years after arriving at the age of consent, or

by the party's parents or guardian at any time before such party has arrived at the age

of legal consent.

2. For causes mentioned in subsection 2, by either party during the life of the other, or by

such former husband or wife.

3. For causes mentioned in subsection 3, by the party injured, or a relative or guardian of

the party of unsound mind, at any time before the death of either party.

4. For causes mentioned in subsection 4, by the party injured, within four years after the

discovery of the facts constituting the fraud.

5. For causes mentioned in subsections 5 and 6, by the injured party, within four years

after the marriage.

6. For causes mentioned in subsection 7, by either party at any time.
N.D. Cent. Code § 14-09-06.4 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-06.4
14-09-06.4. Appointment of attorney guardian ad litem for child in proceedings involving parental rights and responsibilities - Immunity
Status: in_force

14-09-06.4. Appointment of attorney guardian ad litem for child in proceedings

involving parental rights and responsibilities - Immunity.

1. In any action for an annulment, divorce, legal separation, or other action affecting

marriage, when either party has reason for special concern as to the future of the

minor child, and in any action when the parenting rights and responsibilities

concerning the child is contested, the court, upon motion of the court or by motion or

agreement of the parties, may appoint an attorney guardian ad litem to represent the

child concerning parenting rights and responsibilities.

2. If appointed, an attorney guardian ad litem shall serve as an advocate of the child's

best interests.

3. The court may direct either or both parties to pay the attorney guardian ad litem fee

established by the court. If neither party is able to pay the fee, the court may direct the

fee to be paid, in whole or in part, by the county where the child resided at the time the

action was commenced. The court may direct either or both parties to reimburse the

county, in whole or in part, for such payment.

4. An attorney guardian ad litem 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 attorney guardian ad

litem is a disputable presumption.
N.D. Cent. Code § 14-02-11 — ND Code / Title 14 / Chapter 14-02 / Section 14-02-11
14-02-11. State policy against discrimination
Status: repealed

14-02-11. State policy against discrimination

Repealed by S.L. 1985, ch. 82, § 162.
N.D. Cent. Code § 14-09.3-19 — ND Code / Title 14 / Chapter 14-09.3 / Section 14-09.3-19
14-09.3-19. (309) Content of temporary custody order
Status: in_force

14-09.3-19. (309) Content of temporary custody order

1. An order granting custodial responsibility under sections 14-09.3-11 through

14-09.3-21 must:

a. Designate the order as temporary; and

b. Identify to the extent feasible, the destination, duration, and conditions of the

deployment.

2. If applicable, an order for custodial responsibility under sections 14-09.3-11 through

14-09.3-21 must:

a. Specify the allocation of caretaking authority, decisionmaking authority, or limited

contact among the deploying parent, the other parent, and any nonparent;

b. If the order divides caretaking or decisionmaking authority between individuals, or

grants caretaking authority to one individual and limited contact to another,

provide a process to resolve any dispute that may arise;

c. Provide for liberal communication between the deploying parent and the child

during deployment, including through electronic means, unless contrary to the

best interests of the child, and allocate any costs of communications;

d. Provide for liberal contact between the deploying parent and the child during the

time the deploying parent is on leave or otherwise available, unless contrary to

the best interests of the child;

e. Provide for reasonable contact between the deploying parent and the child after

return from deployment until the temporary order is terminated, even if the time of

contact exceeds the time the deploying parent spent with the child before entry of

the temporary order; and

f. Provide that the order will terminate pursuant to sections 14-09.3-22 through

14-09.3-25 after the deploying parent returns from deployment.
N.D. Cent. Code § 14-07.1-15 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-15
14-07.1-15. Domestic violence and sexual assault prevention fund established
Status: in_force

14-07.1-15. Domestic violence and sexual assault prevention fund established

The domestic violence and sexual assault prevention fund is a special fund in the state

treasury. The moneys accumulated in the fund are allocated to the department for distribution as

provided by this chapter and within the limits of legislative appropriation. The fund is not subject

to section 54-44.1-11.
N.D. Cent. Code § 14-09.4-02 — ND Code / Title 14 / Chapter 14-09.4 / Section 14-09.4-02
14-09.4-02. Scope
Status: in_force

14-09.4-02. Scope

1. Except as otherwise provided in subsection 2, this chapter applies to a proceeding in

which a nonparent seeks custody or visitation.

2. This chapter does not apply to a proceeding:

a. Between nonparents, unless a parent is a party to the proceeding;

b. Pertaining to custody of or visitation with an Indian child as defined in the Indian

Child Welfare Act of 1978 [25 U.S.C. 1903(4)], to the extent the proceeding is

governed by the Indian Child Welfare Act of 1978 [25 U.S.C. 1901 through 196];

and

c. Pertaining to a child who is the subject of an ongoing proceeding in any state

regarding:

(1) Guardianship of the person; or

(2) An allegation by a government entity that the child is abused, neglected,

dependent, or otherwise in need of care.

3. A nonparent may not maintain a proceeding under this chapter for custody of or

visitation with a child solely because the nonparent served as a foster parent of the

child.

4. An individual whose parental rights concerning a child have been terminated may not

maintain a proceeding under this chapter concerning the child.

5. Relief under this chapter is not available during the period of a custody or visitation

order entered under chapter 14-09.3 or other order dealing with custody of or visitation

with a child of a deployed parent. A custody or visitation order entered before a parent

was deployed remains in effect unless modified by the court.
N.D. Cent. Code § 14-09-09.39 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.39
14-09-09.39. Income withholding - Information provided to obligor
Status: in_force

14-09-09.39. Income withholding - Information provided to obligor

If a new or amended child support order is issued by a court in a case enforced by a child

support agency, the child support agency shall inform the obligor of the possibility the income

withholding date may not align with the child support order date and of any affirmative steps the

obligor may take to avoid a delinquent payment as a result of this possible misalignment.
N.D. Cent. Code § 14-02.5-37 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-37
14-02.5-37. Pattern or practice case - Penalties
Status: in_force

14-02.5-37. Pattern or practice case - Penalties

1. On the request of the department, the attorney general may file a claim for relief in

district court for appropriate relief if the department has reasonable cause to believe

that a person is engaged in a pattern or practice of resistance to the full enjoyment of a

right granted under this chapter or a person has been denied a right granted by this

chapter and that denial raises an issue of general public importance.

2. In an action under this section, the court may award preventive relief, including a

permanent or temporary injunction, restraining order, or other order against the person

responsible for a violation of this chapter as necessary to assure the full enjoyment of

the rights granted by this chapter; award other appropriate relief, including monetary

damages, reasonable attorney's fees, and court costs; and to vindicate the public

interest, assess a civil penalty against the respondent in an amount that does not

exceed fifty thousand dollars for a first violation and one hundred thousand dollars for

a second or subsequent violation.

3. A person may intervene in an action under this section if the person is a person

aggrieved by the discriminatory housing practice or a party to a conciliation agreement

concerning the discriminatory housing practice.
N.D. Cent. Code § 14-09.1-08 — ND Code / Title 14 / Chapter 14-09.1 / Section 14-09.1-08
14-09.1-08. Failure to agree
Status: in_force

14-09.1-08. Failure to agree

The mediator may report to the court at any time that the parties are unable to reach an

agreement. The mediator may recommend to the court that a full hearing on the custody,

support, or visitation issue be held within thirty days. The mediator may not make a substantive

recommendation to the court concerning the contested issue of custody, support, or visitation.
N.D. Cent. Code § 14-05-11 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-11
14-05-11. Connivance defined
Status: repealed

14-05-11. Connivance defined

Repealed by S.L. 2001, ch. 149, § 13.
N.D. Cent. Code § 14-09-08.3 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.3
14-09-08.3. Duration of child support obligations
Status: in_force

14-09-08.3. Duration of child support obligations

Unless dates for the commencement or termination of a child support obligation are

specified by the court's order, a judgment or order requiring the payment of child support is

effective as to the child in the month in which the order is signed and continues until the end of

the month in which the support obligation terminates.
N.D. Cent. Code § 14-03.2-10 — ND Code / Title 14 / Chapter 14-03.2 / Section 14-03.2-10
14-03.2-10. Limitation of action
Status: in_force

14-03.2-10. Limitation of action

A statute of limitations applicable to an action asserting a claim for relief under a premarital

agreement or marital agreement is tolled during the marriage of the parties to the agreement,

but equitable defenses limiting the time for enforcement, including laches and estoppel, are

available to either party.
N.D. Cent. Code § 14-09-09.34 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.34
14-09-09.34. Lump sum payments
Status: in_force

14-09-09.34. Lump sum payments

1. An income payer who has been served with an income withholding order issued under

section 14-09-09.15 for an obligor which includes an amount for past-due support shall

notify the child support agency before making any lump sum payment of one thousand

dollars or more to the obligor and may report a lump sum payment of an amount less

than one thousand dollars or of an amount yet to be determined. "Lump sum payment"

includes pay in lieu of vacation or other leave, bonus, commission, and any other

payment to an obligor but does not include periodic payments made on regular

paydays as compensation for services, severance pay, or advances, and does not

include reimbursement for expenses incurred by the obligor on behalf of the income

payer.

2. An income payer who provides notice of a lump sum payment to the child support

agency under subsection 1 may not make more than one-half of the payment to the

obligor for thirty days from the date of the notice to the child support agency or until the

income payer receives written authorization from the child support agency to make the

lump sum payment to the obligor, whichever occurs first.

3. Notwithstanding subsection 2, an income payer who provides notice of a lump sum

payment to the child support agency under subsection 1 may not make a lump sum

payment to an obligor if the income payer has been notified that an execution,

garnishment, attachment, or other process has been initiated regarding the lump sum

payment to satisfy a child support obligation of the obligor.

4. An income payer who owes a lump sum payment under this section is subject to the

duties and liabilities in section 14-09-09.3 unless the context indicates otherwise.

5. This section does not apply to any portion of a lump sum payment that must be paid to

satisfy an income withholding order issued under section 14-09-09.15.
N.D. Cent. Code § 14-07-03 — ND Code / Title 14 / Chapter 14-07 / Section 14-07-03
14-07-03. Duty to support
Status: in_force

14-07-03. Duty to support

The husband and wife have a mutual duty to support each other out of their individual

property and labor.
N.D. Cent. Code § 14-09-22 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-22
14-09-22. Abuse of child - Mandatory sentence - Penalty
Status: in_force

14-09-22. Abuse of child - Mandatory sentence - Penalty

1. Except as provided in subsection 2 or 3, a parent, adult family or household member,

guardian, or other custodian of any child, who willfully inflicts or allows to be inflicted

upon the child mental injury or bodily injury, substantial bodily injury, or serious bodily

injury as defined by section 12.1-01-04 is guilty of a class C felony except if the victim

of an offense under this section is under the age of six years in which case the offense

is a class B felony. For purposes of this subsection, "mental injury" means an

observable and substantial, nontransitory impairment to a child's mental or

psychological ability to function within a normal range of performance or behavior.

2. A person who provides care, supervision, education, or guidance for a child

unaccompanied by the child's parent, adult family or household member, guardian, or

custodian in exchange for money, goods, or other services and who while providing

such services commits an offense under this section is guilty of a class B felony. Any

such person who commits, allows to be committed, or conspires to commit, against the

child, a sex offense as defined in chapter 12.1-20 is subject to the penalties provided

in that chapter.

3. A person who commits an offense under this section is guilty of a class B felony if the

victim suffers permanent loss or impairment of the function of a bodily member or

organ, except if the victim of the offense is under the age of six years in which case the

offense is a class A felony.

4. A person who has pled guilty or nolo contendere to, or has been found guilty of an

offense under this section must be sentenced to a minimum of one year imprisonment.

5. For any person who pleads guilty or is convicted of an offense under this section, the

court shall include in the sentence an order for the person to complete a parental

capacity evaluation, mental health evaluation, and anger management assessment,

and to complete treatment recommendations as ordered by the court as a condition of

probation.
N.D. Cent. Code § 14-02.5-13 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-13
14-02.5-13. Duties and powers of department
Status: in_force

14-02.5-13. Duties and powers of department

1. The department shall administer this chapter. The department may adopt rules

necessary to implement this chapter, but substantive rules adopted by the department

must impose obligations, rights, and remedies that are the same as are provided in

federal fair housing regulations.

2. For the purpose of thoroughly investigating a complaint, the department may require

the attendance of a witness and the production of a book, record, document, data, or

other object at any hearing or with reference to any matter the department has the

authority to investigate. If under this subsection a witness fails or refuses to appear or

to produce, the department may issue a subpoena to compel the witness to appear or

a subpoena duces tecum to compel the witness to appear and produce a relevant

book, record, document, data, or other object.

3. If a person refuses to obey a subpoena, the district court, upon application by the

department, may issue to the person an order requiring that person appear and give

evidence or otherwise produce documentary evidence requested by the department

regarding the matter under investigation.

4. A witness who is subpoenaed under this section and who appears at a hearing or

whose deposition is taken is entitled to receive the same fees and mileage as a

witness in a civil case in district court.

5. Within the limits of legislative appropriations, the department shall foster prevention of

discrimination under this chapter through education for the public, landlords,

publishers, realtors, brokers, lenders, and sellers on the rights and responsibilities

provided under this chapter and ways to respect those protected rights.

6. The department shall emphasize conciliation to resolve complaints.
N.D. Cent. Code § 14-10-20 — ND Code / Title 14 / Chapter 14-10 / Section 14-10-20
14-10-20. Unaccompanied homeless minor's consent for health care
Status: in_force

14-10-20. Unaccompanied homeless minor's consent for health care

1. As used in this section, "unaccompanied homeless minor" means a minor fourteen

years of age or older living in one of the situations described in 42 U.S.C. 11434a(2)

and who is not in the care and physical custody of a parent or legal guardian.

2. An unaccompanied homeless minor may consent to, contract for, and receive medical,

dental, or behavioral health examinations, care, or treatment without permission,

authority, or consent of a parent or guardian. Acceptable documentation demonstrating

an individual is an unaccompanied homeless minor includes:

a. A statement documenting such status, signed by a director or designee of a

governmental or nonprofit entity that receives public or private funding to provide

services to individuals who are homeless;

b. A statement documenting such status, signed by a local educational agency

liaison for homeless children and youth designated pursuant to 42 U.S.C.

11432(g)(1)(J)(ii), a local educational agency foster care point of contact

designated pursuant to 20 U.S.C. 6312(c)(5)(A), or a school social worker or

counselor;

c. A statement documenting such status, signed by an attorney representing the

individual in any legal matter; or

d. A statement documenting such status, signed by the individual and two adults

with knowledge of the individual's actual circumstances.

3. This section does not authorize an unaccompanied homeless minor to consent to an

abortion or otherwise supersede the requirements of chapter 14-02.1.

4. An unaccompanied homeless minor who is a parent may consent to, contract for, and

receive medical, dental, and behavioral health examinations, care, or treatment for the

minor's child.

5. A physician or other qualified professional licensed to practice in this state who

provides medical, dental, or behavioral health examinations, care, or treatment to an

unaccompanied homeless minor under this section may not be held liable in any civil

or criminal action for providing such services without having obtained permission from

the minor's parent or guardian. This section does not relieve the physician or other

qualified professional from liability for negligence in the diagnosis or treatment of an

unaccompanied homeless minor.

6. Identification of an individual as an unaccompanied homeless minor automatically

does not mean the individual is a neglected child as defined in section 50-25.1-02.

7. This section does not supersede the mandatory reporting requirements of section

50-25.1-03.
N.D. Cent. Code § 14-12.2-47 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-47
14-12.2-47. (701) Proceeding to determine parentage
Status: repealed

14-12.2-47. (701) Proceeding to determine parentage

Repealed by S.L. 2015, ch. 152, § 71.
N.D. Cent. Code § 14-20-14 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-14
14-20-14. (304) Rules for acknowledgment and denial of paternity
Status: in_force

14-20-14. (304) Rules for acknowledgment and denial of paternity

1. An acknowledgment of paternity and a denial of paternity may be contained in a single

document or may be signed in counterparts, and may be filed separately or

simultaneously. If the acknowledgment and denial are both necessary, neither is valid

until both are filed.

2. An acknowledgment of paternity or a denial of paternity may be signed before the birth

of the child.

3. Subject to subsection 1, an acknowledgment of paternity or denial of paternity takes

effect on the birth of the child or the filing of the document with the department of

health and human services, whichever occurs later.

4. An acknowledgment of paternity or denial of paternity signed by a minor is valid if it is

otherwise in compliance with this chapter.

5. An acknowledgment of paternity or denial of paternity may be completed for a child

who was not born in this state.
N.D. Cent. Code § 14-02.5-04 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-04
14-02.5-04. Inspection
Status: in_force

14-02.5-04. Inspection

A person may not represent to an individual because of race, color, religion, sex, disability,

age, familial status, national origin, or status with respect to marriage or public assistance that a

dwelling is not available for inspection for sale or rental when the dwelling is available for

inspection.
N.D. Cent. Code § 14-07.7-16 — ND Code / Title 14 / Chapter 14-07.7 / Section 14-07.7-16
14-07.7-16. Transmittal to bureau of criminal investigation
Status: in_force

14-07.7-16. Transmittal to bureau of criminal investigation

1. When a protection order is issued, extended, modified, or terminated under this

chapter, the court shall transmit the order electronically to the bureau of criminal

investigation.

2. The bureau of criminal investigation shall enter the order electronically in the national

crime information center database provided by the federal bureau of investigation, or

its successor agency.

3. The sheriff of the county in which the order was issued shall maintain and respond to

inquiries regarding a record in the national crime information center database provided

by the federal bureau of investigation in accordance with the bureau of criminal

investigation and federal requirements.

4. When a protection order is issued, the clerk of court shall forward a copy of the order

to the local law enforcement agency with jurisdiction over the residence of the

protected party by the close of business on the day the protection order is issued.

5. If the bureau of criminal investigation, after consultation with the state court

administrator, determines and implements an electronic method to notify the sheriff of

the county that issued the order, the clerk of court's requirement to forward the order to

a law enforcement agency will be satisfied.
N.D. Cent. Code § 14-06.1-06 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-06
14-06.1-06. Job training program - Development - Stipend for trainees
Status: in_force

14-06.1-06. Job training program - Development - Stipend for trainees

The service centers shall have job readiness training programs for displaced homemakers.

The department may contract or enter into cooperative agreements, or both, with local, state,

and federal government agencies, and private employers to develop training programs, or to

utilize existing training programs, for available jobs in the public and private sectors for the

purpose of promoting self-sufficiency. The job training program may provide a stipend for

trainees.
N.D. Cent. Code § 14-08.1-05.1 — ND Code / Title 14 / Chapter 14-08.1 / Section 14-08.1-05.1
14-08.1-05.1. Past-due support - Plan of payment - Work activities
Status: in_force

14-08.1-05.1. Past-due support - Plan of payment - Work activities

1. In any case in which an individual owes past-due child support, the court may, by

order, require the individual to:

a. Pay past-due support in accordance with a plan approved by the court or the

child support agency;

b. If the individual is subject to such a plan and is not incapacitated, to participate in

such work activities as the court deems appropriate; and

c. Participate in treatment for mental illness or drug or alcohol dependency.

2. For purposes of this section, "work activities" may include:

a. Unsubsidized employment;

b. Subsidized private sector employment;

c. Subsidized public sector employment;

d. Work experience, including work associated with the refurbishing of publicly

assisted housing, if sufficient private sector employment is not available;

e. On-the-job training;

f. Job search and job readiness assistance;

g. Community service programs;

h. Career and technical education training, not to exceed twelve months with

respect to any individual;

i. Job skills training directly related to employment;

j. Education directly related to employment, in the case of an individual who has not

received a high school diploma or a certificate of high school equivalency;

k. Satisfactory attendance at secondary school or in a course of study leading to a

certificate of general equivalence, in the case of an individual who has not

completed secondary school or received such a certificate;

l. The provision of child care services to an individual who is participating in a

community service program; and

m. Postsecondary education and any other activity permitted or required to be

treated by the federal government as work for purposes of calculating a work

participation rate.
N.D. Cent. Code § 14-20-49 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-49
14-20-49. (622) Consequences of declining genetic testing
Status: in_force

14-20-49. (622) Consequences of declining genetic testing

1. An order for genetic testing is enforceable by contempt.

2. If an individual whose paternity is being determined declines to submit to genetic

testing ordered by the court, the court for that reason may adjudicate parentage

contrary to the position of that individual.

3. Genetic testing of the mother of a child is not a condition precedent to testing the child

and a man whose paternity is being determined. If the mother is unavailable or

declines to submit to genetic testing, the court may order the testing of the child and

every man whose paternity is being adjudicated.
N.D. Cent. Code § 14-03.2-11 — ND Code / Title 14 / Chapter 14-03.2 / Section 14-03.2-11
14-03.2-11. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

14-03.2-11. Relation to Electronic Signatures in Global and National Commerce Act

This chapter modifies, limits, and supersedes the Electronic Signatures in Global and

National Commerce Act [15 U.S.C. 7001 et seq.] but does not modify, limit, or supersede

section 101(c) of that Act [15 U.S.C. 7001(c)] or authorize electronic delivery of any of the

notices described in section 103(b) of that Act [15 U.S.C. 7003(b)].
N.D. Cent. Code § 14-07.1-12 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-12
14-07.1-12. Reports
Status: in_force

14-07.1-12. Reports

A law enforcement officer shall make a written report of the investigation of any allegation of

domestic violence regardless of whether an arrest was made. If an officer determines through

the course of an investigation that one of the individuals was the predominant aggressor, the

report must include the name of that individual and a description of the evidence that supports

the findings. The officer shall submit the report to the officer's supervisor or to any other person

to whom the officer is required to submit similar reports.
N.D. Cent. Code § 14-20-13 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-13
14-20-13. (303) Denial of paternity
Status: in_force

14-20-13. (303) Denial of paternity

A presumed father may sign a denial of his paternity. The denial is valid only if:

1. An acknowledgment of paternity signed, or otherwise authenticated, by another man is

filed pursuant to section 14-20-15;

2. The denial is in a record, and is signed, or otherwise authenticated, under penalty of

perjury; and

3. The presumed father has not previously:

a. Acknowledged his paternity, unless the previous acknowledgment has been

rescinded pursuant to section 14-20-17 or successfully challenged pursuant to

section 14-20-18; or

b. Been adjudicated to be the father of the child.
N.D. Cent. Code § 14-09-09.10 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.10
14-09-09.10. Definitions
Status: in_force

14-09-09.10. Definitions

For the purposes of this chapter, unless the context or subject matter otherwise requires:

1. "Arrears registry" means the registry maintained under section 50-09-02.7.

2. "Business day" means every day that is not a Saturday or legal holiday.

3. "Child support" means payments for the support of a child, including payments for

health insurance coverage or other medical support, and payments for the support of

spouses or former spouses with whom the child is living as long as the spousal

support payment is owed to the spouse or former spouse under the same order as the

payments for the child, if the payment is required by the order of a court or other

governmental agency having authority to issue such orders, and includes past-due

support.

4. "Child support agency" means the department of health and human services in

execution of its duties pursuant to the state plan submitted under chapter 50-09 in

conformance with title IV-D of the Social Security Act [Pub. L. 93-647; 88 Stat. 2351;

42 U.S.C. 651 et seq.].

5. "Delinquent" means a situation which occurs on the first working day after the day

upon which a child support payment was identified as due and unpaid, and the total

amount of unpaid child support is at least equal to the amount of child support payable

in one month.

6. "Disposable income" means gross income less deductions required by law for taxes

and social security.

7. "Employer" means income payer.

8. "Health insurance" includes fees for service, health maintenance organization,

preferred provider organization, comprehensive health association plan, accident and

health insurance policies, group health plans as defined in section 607(1) of the

Employee Retirement Income Security Act of 1974 [Pub. L. 99-272; 100 Stat. 281; 29

U.S.C. 1167(1)], and other types of coverage under which major medical coverage

may be provided in a policy, plan, or contract which may legally be sold or provided in

this state.

9. "Income" means any form of payment, regardless of source, owed to an obligor,

including any earned, unearned, taxable or nontaxable income, workforce safety and

insurance benefits, disability benefits, unemployment compensation benefits, annuity

and retirement benefits, but excluding public assistance benefits administered under

state law.

10. "Income payer" means any person, partnership, firm, corporation, limited liability

company, association, political subdivision, or department or agency of the state or

federal government owing income to an obligor and includes an obligor if the obligor is

self-employed.

11. "Monthly support obligation" means an amount of child support ordered by a court or

administrative tribunal in a proceeding to establish or modify a child support obligation,

including amounts that are deferred for payment at a later date. The term is defined

without regard to any amount of child support that an obligor is required to pay to avoid

being held in contempt of court. If an amount of past-due support has been ordered as

a lump sum rather than determined on a monthly basis, "monthly support obligation"

means one hundred sixty-eight dollars.

12. "Obligee" means a person, including a state or political subdivision, to whom a duty of

support is owed.

13. "Obligor" means any person owing a duty of support.

14. "Past-due support" means child support that is not paid by the earlier of:

a. The date a court order or an order of an administrative process established under

state law requires payment to be made; or

b. The last day of the month or other period the payment was intended to cover.

15. "Payday" means the day upon which the income payer pays or otherwise credits the

obligor.
N.D. Cent. Code § 14-12.2-36 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-36
14-12.2-36. (602) Procedure to register order for enforcement
Status: in_force

14-12.2-36. (602) Procedure to register order for enforcement

1. Subject to section 14-12.2-47.6, a support order or income-withholding order of

another state or a foreign support order may be registered in this state by sending the

following records to the appropriate tribunal in this state:

a. A letter of transmittal to the tribunal requesting registration and enforcement;

b. Two copies, including one certified copy, of the order to be registered, including

any modification of the order;

c. A sworn statement by the person requesting registration or a certified statement

by the custodian of the records showing the amount of any arrearage;

d. The name of the obligor and, if known:

(1) The obligor's address and social security number;

(2) The name and address of the obligor's employer and any other source of

income of the obligor; and

(3) A description and the location of property of the obligor in this state not

exempt from execution; and

e. Except as otherwise provided in section 14-12.2-24, name and address of the

obligee and, if applicable, the person to whom support payments are to be

remitted.

2. On receipt of a request for registration, the registering tribunal shall cause the order to

be filed as an order of another state or foreign country, together with one copy of the

documents and information, regardless of their form.

3. A petition or comparable pleading seeking a remedy that must be affirmatively sought

under other law of this state may be filed at the same time as the request for

registration or later. The pleading must specify the grounds for the remedy sought.

4. If two or more orders are in effect, the person requesting registration shall:

a. Furnish to the tribunal a copy of every support order asserted to be in effect in

addition to the documents specified in this section;

b. Specify the order alleged to be the controlling order, if any; and

c. Specify the amount of consolidated arrears, if any.

5. A request for a determination of which is the controlling order may be filed separately

or with a request for registration and enforcement or for registration and modification.

The person requesting registration shall give notice of the requests to each party

whose rights may be affected by the determination.
N.D. Cent. Code § 14-09-09.11 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.11
14-09-09.11. Income withholding order
Status: in_force

14-09-09.11. Income withholding order

When a judgment or order requires the payment of child support, it may be enforced by an

income withholding order, as provided in this chapter, in addition to any other remedies provided

by law.
N.D. Cent. Code § 14-05-02 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-02
14-05-02. Effect of divorce
Status: in_force

14-05-02. Effect of divorce

The effect of a judgment decreeing a divorce is to restore the parties to the state of

unmarried persons, but neither party to a divorce may marry except in accordance with the

decree of the court granting the divorce. It is the duty of the court granting a divorce to specify in

the order for judgment whether either or both of the parties shall be permitted to marry, and if

so, when. The court shall have jurisdiction to modify the decree of divorce at any time so as to

permit one or both of the parties to marry, if the court deems it right.
N.D. Cent. Code § 14-09-09.27 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.27
14-09-09.27. Attorney represents people's interest in the enforcement of child support obligations
Status: in_force

14-09-09.27. Attorney represents people's interest in the enforcement of child support

obligations.

In any action brought to establish paternity, secure repayment of governmental benefits

paid, secure current or future support of children, or establish, enforce, or modify a child support

obligation, the child support agency may employ or contract with a licensed attorney. An

attorney so employed or contracted represents the interest of the people of the state of North

Dakota in the enforcement of child support obligations. Nothing in this section may be construed

to modify confidentiality required of the child support agency. Representation by the employed

or contracted attorney may not be construed to create an attorney-client relationship between

the attorney and any party or witness to the action, other than the people of the state of North

Dakota, regardless of the name in which the action is brought.
N.D. Cent. Code § 14-09-09.28 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.28
14-09-09.28. Application to existing cases
Status: in_force

14-09-09.28. Application to existing cases

Sections 14-09-09.26, 14-09-09.27, 14-12.2-19, and 14-12.2-20 apply to actions filed prior

to July 7, 1991.
N.D. Cent. Code § 14-12.2-33.1 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-33.1
14-12.2-33.1. (502) Employer's compliance with income-withholding order of another state
Status: in_force

14-12.2-33.1. (502) Employer's compliance with income-withholding order of another

state.

1. Upon receipt of an income-withholding order, the obligor's employer shall immediately

provide a copy of the order to the obligor.

2. The employer shall treat an income-withholding order issued in another state which

appears regular on its face as if it had been issued by a tribunal of this state.

3. Except as otherwise provided by subsection 4 and section 14-12.2-33.2, the employer

shall withhold and distribute the funds as directed in the withholding order by

complying with the terms of the order which specify:

a. The duration and amount of periodic payments of current child support, stated as

a sum certain;

b. The person designated to receive payments and the address to which the

payments are to be forwarded;

c. Medical support, whether in the form of periodic cash payment, stated as a sum

certain, or ordering the obligor to provide health insurance coverage for the child

under a policy available through the obligor's employment;

d. The amount of periodic payments of fees and costs for a support enforcement

agency, the issuing tribunal, and the obligee's attorney, stated as sums certain;

and

e. The amount of periodic payments of arrearages and interest on arrearages,

stated as sums certain.

4. An employer shall comply with the law of the state of the obligor's principal place of

employment for withholding from income with respect to:

a. The employer's fee for processing an income-withholding order;

b. The maximum amount permitted to be withheld from the obligor's income; and

c. The times within which the employer must implement the withholding order and

forward the child support payment.
N.D. Cent. Code § 14-15-14 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-14
14-15-14. Effect of petition and decree of adoption
Status: in_force

14-15-14. Effect of petition and decree of adoption

1. A final decree of adoption and an interlocutory decree of adoption which has become

final, whether issued by a court of this state or of any other place, have the following

effect as to matters within the jurisdiction or before a court of this state:

a. Except with respect to a spouse of the petitioner and relatives of the spouse, to

relieve the biological parents of the adopted individual of all parental rights and

responsibilities, and to terminate all legal relationships between the adopted

individual and the individual's relatives, including the individual's biological

parents, so that the adopted individual thereafter is a stranger to the individual's

former relatives for all purposes, including inheritance and the interpretation or

construction of documents, statutes, and instruments, whether executed before or

after the adoption is decreed, that do not expressly include the individual by name

or by some designation not based on a parent and child or blood relationship; and

b. To create the relationship of parent and child between petitioner and the adopted

individual, as if the adopted individual were a legitimate blood descendant of the

petitioner, for all purposes, including inheritance and applicability of statutes,

documents, and instruments, whether executed before or after the adoption is

decreed, which do not expressly exclude an adopted individual from their

operation or effect.

2. Notwithstanding the provisions of subsection 1, if a parent of a child dies without the

relationship of parent and child having been previously terminated and a spouse of the

living parent thereafter adopts the child, the child's right of inheritance from or through

the deceased parent is unaffected by the adoption.

3. An interlocutory decree of adoption, while it is in force, has the same legal effect as a

final decree of adoption. If an interlocutory decree of adoption is vacated, it must be as

though void from its issuance, and the rights, liabilities, and status of all affected

individuals which have not become vested must be governed accordingly.
N.D. Cent. Code § 14-07.4-05 — ND Code / Title 14 / Chapter 14-07.4 / Section 14-07.4-05
14-07.4-05. Immunity
Status: in_force

14-07.4-05. Immunity

This state or a local governmental agency, or a law enforcement officer, prosecuting

attorney, clerk of district court, or any state or local governmental official acting in an official

capacity, is immune from civil and criminal liability for an act or omission arising out of the

registration or enforcement of a foreign protection order or the detention or arrest of an alleged

violator of a foreign protection order if the act or omission is done in good faith in an effort to

comply with this chapter.
N.D. Cent. Code § 14-02.5-11 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-11
14-02.5-11. Housing for elderly exempted
Status: reserved

14-02.5-11. Housing for elderly exempted

1. The provisions of this chapter relating to familial status and age do not apply to

housing that the secretary of housing and urban development determines is

specifically designed and operated to assist elderly individuals under a federal

program; the department determines is specifically designed and operated to assist

elderly individuals under a state program; is intended for, and solely occupied by,

individuals sixty-two years of age or older; or is intended and operated for occupancy

by at least one individual fifty-five years of age or older for each unit as determined by

department rules. In determining whether housing qualifies as housing for elderly

because it is intended and operated for occupancy by at least one individual fifty-five

years of age or older for each unit, the department shall adopt rules that require at

least the following factors:

a. That at least eighty percent of the units are occupied by at least one individual

fifty-five years of age or older per unit; and

b. The publication of, and adherence to, policies and procedures which demonstrate

an intent by the owner or manager to provide housing for individuals fifty-five

years of age or older.

2. Housing may not be considered to be in violation of the requirements for housing for

elderly under this section by reason of:

a. Individuals residing in the housing as of October 1, 1999, who do not meet the

age requirements of this section, provided that new occupants of the housing

meet the age requirements; or

b. Unoccupied units, provided that the units are reserved for occupancy by

individuals who meet the age requirements of this section.
N.D. Cent. Code § 14-02.5-35 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-35
14-02.5-35. Order in preceding five years
Status: in_force

14-02.5-35. Order in preceding five years

If the department issues an order against a respondent against whom another order was

issued within the preceding five years under section 14-02.5-33, the department shall send a

copy of each order to the attorney general.
N.D. Cent. Code § 14-10-04 — ND Code / Title 14 / Chapter 14-10 / Section 14-10-04
14-10-04. Minor's rights of action
Status: in_force

14-10-04. Minor's rights of action

A minor may enforce the minor's rights by civil action or other legal proceedings in the same

manner as an adult, except that a guardian ad litem must be appointed to conduct the same.
N.D. Cent. Code § 14-12.2-08 — ND Code / Title 14 / Chapter 14-12.2 / Section 14-12.2-08
14-12.2-08. (205) Continuing, exclusive jurisdiction to modify child support order
Status: in_force

14-12.2-08. (205) Continuing, exclusive jurisdiction to modify child support order

1. A tribunal of this state that has issued a child support order consistent with the law of

this state has and shall exercise continuing, exclusive jurisdiction to modify its child

support order if the order is the controlling order and:

a. At the time of the filing of a request for modification this state is the residence of

the obligor, the individual obligee, or the child for whose benefit the support order

is issued; or

b. Even if this state is not the residence of the obligor, the individual obligee, or the

child for whose benefit the support order is issued, the parties consent in a record

or in open court that the tribunal of this state may continue to exercise jurisdiction

to modify its order.

2. A tribunal of this state that has issued a child support order consistent with the law of

this state may not exercise continuing, exclusive jurisdiction to modify the order if:

a. All of the parties who are individuals file consent in a record with the tribunal of

this state that a tribunal of another state that has jurisdiction over at least one of

the parties who is an individual or that is located in the state of residence of the

child may modify the order and assume continuing, exclusive jurisdiction; or

b. Its order is not the controlling order.

3. If a tribunal of another state has issued a child support order pursuant to the Uniform

Interstate Family Support Act or a law substantially similar to that Act which modifies a

child support order of a tribunal of this state, tribunals of this state shall recognize the

continuing, exclusive jurisdiction of the tribunal of the other state.

4. A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child

support order may serve as an initiating tribunal to request a tribunal of another state

to modify a support order issued in that state.

5. A temporary support order issued ex parte or pending resolution of a jurisdictional

conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
N.D. Cent. Code § 14-10.2-04 — ND Code / Title 14 / Chapter 14-10.2 / Section 14-10.2-04
14-10.2-04. Short title
Status: in_force

14-10.2-04. Short title

This chapter may be cited as the Uniform Minor Student Capacity to Borrow Act.
N.D. Cent. Code § 14-05-05 — ND Code / Title 14 / Chapter 14-05 / Section 14-05-05
14-05-05. Extreme cruelty defined
Status: in_force

14-05-05. Extreme cruelty defined

Extreme cruelty is the infliction by one party to the marriage of grievous bodily injury or

grievous mental suffering upon the other.
N.D. Cent. Code § 14-20-65 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-65
14-20-65. (707) Parental status of deceased individual
Status: in_force

14-20-65. (707) Parental status of deceased individual

If an individual who consented in a record to be a parent by assisted reproduction dies

before placement of eggs, sperm, or embryos, the deceased individual is not a parent of the

resulting child unless the deceased spouse consented in a record that if assisted reproduction

were to occur after death, the deceased individual would be a parent of the child.
N.D. Cent. Code § 14-02.4-07 — ND Code / Title 14 / Chapter 14-02.4 / Section 14-02.4-07
14-02.4-07. Requiring security clearance not discriminatory
Status: in_force

14-02.4-07. Requiring security clearance not discriminatory

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, for an employer

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 in a position if the occupancy of the position, or access to the

premises upon which the duties of the position are performed, is subject to a requirement

imposed in the interest of the national security of the United States under a security program

administered under a statute of the United States or an executive order of the president and the

individual has not fulfilled or has ceased to fulfill that requirement.
N.D. Cent. Code § 14-09-09.15 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-09.15
14-09-09.15. Form - Effect of income withholding order
Status: in_force

14-09-09.15. Form - Effect of income withholding order

The income withholding order must be issued in the name of the state of North Dakota in

the standard format for notice of the order prescribed by the secretary of the United States

department of health and human services under authority of 42 U.S.C. 666(b)(6)(A)(ii), contain

only the information necessary for the income payer to comply with the income withholding

order, and be directed to all current and subsequent income payers of the obligor. The income

withholding order is binding on the income payer until further notice by the child support agency

and applies to all current and subsequent periods in which income is owed the obligor by the

income payer. The income withholding order has priority over any other legal process against

the same income.
N.D. Cent. Code § 14-06.1-12 — ND Code / Title 14 / Chapter 14-06.1 / Section 14-06.1-12
14-06.1-12. Citizen advisory structure - Reimbursement of members
Status: in_force

14-06.1-12. Citizen advisory structure - Reimbursement of members

The superintendent shall establish an advisory body to the department which shall consist

of one citizen member representing each planning region of the state and two citizen members

to be selected at large. Membership may represent displaced homemakers, local service

providers, appropriate agencies, employers, educators, and the general public. The advisory

body shall provide public information and community education regarding the program and

appropriate recommendations to the superintendent regarding the planning, operation, and

evaluation of the activities mandated by this chapter. This body shall annually provide written

evaluation of the program to the superintendent who will provide this evaluation to the legislative

assembly each biennium in addition to the evaluation required in accordance with section
N.D. Cent. Code § 14-02.5-29 — ND Code / Title 14 / Chapter 14-02.5 / Section 14-02.5-29
14-02.5-29. Pending civil trial
Status: in_force

14-02.5-29. Pending civil trial

The department may not issue a charge alleging a discriminatory housing practice after the

beginning of the trial of a civil action commenced by the aggrieved party under federal or state

law seeking relief with respect to that discriminatory housing practice.
N.D. Cent. Code § 14-07.1-16 — ND Code / Title 14 / Chapter 14-07.1 / Section 14-07.1-16
14-07.1-16. Grants - Eligibility - Conditions - Limitation
Status: in_force

14-07.1-16. Grants - Eligibility - Conditions - Limitation

The department shall administer moneys in the domestic violence and sexual assault

prevention fund for grants to domestic violence sexual assault organizations as defined in

section 14-07.1-01. Up to ten percent of the fund may be allocated to the state domestic

violence sexual assault coalition, as recognized by the state department of health. A direct

service provider agency that is an eligible entity must receive at least twenty-five percent of its

funding from one or more local, municipal, or county sources, either in cash or in kind. Grants

are renewable within the limits of legislative appropriation, if the applicant continues to meet the

eligibility criteria established by this section and rules adopted by the department. Grant

application deadlines may be included in any rules adopted to implement this section.
N.D. Cent. Code § 14-03-09 — ND Code / Title 14 / Chapter 14-03 / Section 14-03-09
14-03-09. Who may solemnize marriages
Status: in_force

14-03-09. Who may solemnize marriages

Marriages may be solemnized at any location within the state by:

1. All judges of courts of record;

2. Municipal judges;

3. Recorders, unless the board of county commissioners designates a different official;

4. Ordained ministers of the gospel, priests, and clergy, authorized by recognized

denominations; and

5. By any individual authorized by the rituals and practices of any religious persuasion.
N.D. Cent. Code § 14-09-08.11 — ND Code / Title 14 / Chapter 14-09 / Section 14-09-08.11
14-09-08.11. Eligible child - Employer to permit enrollment - Employer duties and liabilities - Obligor contest (Contingent effective date - See note)
Status: in_force

14-09-08.11. Eligible child - Employer to permit enrollment - Employer duties and

liabilities - Obligor contest. (Contingent effective date - See note)

1. When an obligor is required to cover a child as a beneficiary under section

14-09-08.10, the child is eligible for health insurance coverage as a dependent of the

obligor. If health insurance coverage required under section 14-09-08.10 is available

through an employer, the employer must:

a. Permit the obligor to enroll under family coverage any child who is otherwise

eligible for coverage without regard to any open enrollment restrictions;

b. If the obligor is enrolled but fails to make application to obtain coverage for the

child, enroll the child under family coverage upon application by the obligee;

c. Upon receipt of the national medical support notice issued under section

14-09-08.20:

(1) Comply with the provisions of the national medical support notice; and

(2) Transfer the national medical support notice to the insurer that provides any

such health insurance coverage for which the child is eligible, within twenty

business days after the date of the national medical support notice;

d. Not disenroll or eliminate coverage for any child unless the employer has

eliminated family health coverage for all of its employees or the employer is

provided satisfactory written evidence that:

(1) The order issued under section 14-09-08.10 is no longer in effect; or

(2) The child is or will be enrolled in comparable coverage that will take effect

no later than the effective date of disenrollment;

e. Withhold from the obligor's compensation the obligor's share, if any, of premiums

for health insurance coverage and pay this amount to the insurer;

f. If the amount required to be withheld under subdivision e, either alone or when

added to the total of any withholding required by an order issued under section

14-09-09.15, exceeds fifty percent of the obligor's disposable income, withhold

fifty percent of the obligor's disposable income;

g. In the case of an obligor contest under subsection 2, initiate and continue

withholding until the employer receives notice that the contest is resolved; and

h. Promptly notify the child support agency, in the same manner as required under

subsection 9 of section 14-09-09.16, whenever the obligor's employment is

terminated.

2. The obligor may contest the withholding provided for in subdivision e of subsection 1

by filing a request for a hearing within ten days of the date of the national medical

support notice issued under section 14-09-08.20. If the obligor contests that

withholding, the court shall confirm the withholding in the absence of a finding:

a. Of a mistake of fact; or

b. The obligee is required to provide health insurance coverage pursuant to section

14-09-08.10.

3. The withholding provided in subdivision e of subsection 1 has priority over any other

legal process against the same income except that withholding required by an order

issued under section 14-09-09.15 must be satisfied before any payment is made to the

insurer. If the amount remaining is insufficient to pay the obligor's share of premiums

for health insurance coverage, the obligor may authorize additional withholding to pay

the obligor's share. If the obligor does not authorize additional withholding, and the

health insurance coverage will lapse as a result, the employer must promptly inform

the child support agency of the insufficiency.

4. An employer receiving a national medical support notice under this section is subject

to the same duties and liabilities as an income payer under section 14-09-09.3 unless

the context indicates otherwise.

5. For purposes of this section:

a. "Employer" means an entity or individual who would be determined to be an

employer under section 3401(d) of the Internal Revenue Code of 1986, as

amended [26 U.S.C. 3401(d)], and includes any governmental entity and any

labor organization; and

b. "Insurer" has the meaning provided in section 26.1-36.5-01.

Eligible child - Employer to permit enrollment - Employer duties and liabilities -

Obligor contest. (Contingent effective date - See note)

1. When an obligor is required to cover a child as a beneficiary under section

14-09-08.10, the child is eligible for health insurance coverage as a dependent of the

obligor. If health insurance coverage required under section 14-09-08.10 is available

through an employer, the employer must:

a. Permit the obligor to enroll under family coverage any child who is otherwise

eligible for coverage without regard to any open enrollment restrictions;

b. If the obligor is enrolled but fails to make application to obtain coverage for the

child, enroll the child under family coverage upon application by the obligee;

c. Upon receipt of the national medical support notice issued under section

14-09-08.20:

(1) Comply with the provisions of the national medical support notice; and

(2) Transfer the national medical support notice to the insurer that provides any

such health insurance coverage for which the child is eligible, within twenty

business days after the date of the national medical support notice;

d. Not disenroll or eliminate coverage for any child unless the employer has

eliminated family health coverage for all of its employees or the employer is

provided satisfactory written evidence that:

(1) The order issued under section 14-09-08.10 is no longer in effect; or

(2) The child is or will be enrolled in comparable coverage that will take effect

no later than the effective date of disenrollment;

e. Withhold from the obligor's compensation the obligor's share, if any, of premiums

for health insurance coverage and pay this amount to the insurer;

f. If the amount required to be withheld under subdivision e, either alone or when

added to the total of any withholding required by an order issued under section

14-09-09.15, exceeds fifty percent of the obligor's disposable income, withhold

fifty percent of the obligor's disposable income;

g. In the case of an obligor contest under subsection 2, initiate and continue

withholding until the employer receives notice that the contest is resolved; and

h. Promptly notify the child support agency, in the same manner as required under

subsection 9 of section 14-09-09.16, whenever the obligor's employment is

terminated.

2. The obligor may contest the withholding provided for in subdivision e of subsection 1

by filing a request for a hearing within ten days of the date of the national medical

support notice issued under section 14-09-08.20. If the obligor contests that

withholding, the court shall confirm the withholding in the absence of a finding:

a. Of a mistake of fact; or

b. The obligee is required to provide health insurance coverage pursuant to section

14-09-08.10.

3. Unless otherwise provided by the child support agency in compliance with rules

promulgated by the secretary of the United States department of health and human

services, the withholding provided in subdivision e of subsection 1 has priority over

any other legal process against the same income, except that withholding required by

an order issued under section 14-09-09.15 must be satisfied before any payment is

made to the insurer. If the amount remaining is insufficient to pay the obligor's share of

premiums for health insurance coverage, the obligor may authorize additional

withholding to pay the obligor's share. If the obligor does not authorize additional

withholding, and the health insurance coverage will lapse as a result, the employer

must promptly inform the child support agency of the insufficiency.

4. An employer receiving a national medical support notice under this section is subject

to the same duties and liabilities as an income payer under section 14-09-09.3 unless

the context indicates otherwise.

5. For purposes of this section:

a. "Employer" means an entity or individual who would be determined to be an

employer under section 3401(d) of the Internal Revenue Code of 1986, as

amended [26 U.S.C. 3401(d)], and includes any governmental entity and any

labor organization; and

b. "Insurer" has the meaning provided in section 26.1-36.5-01.
N.D. Cent. Code § 14-14.1-10 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-10
14-14.1-10. (111) Taking testimony in another state
Status: in_force

14-14.1-10. (111) Taking testimony in another state

1. In addition to other procedures available to a party, a party to a child custody

proceeding may offer testimony of witnesses who are located in another state,

including testimony of the parties and the child, by deposition or other means

allowable in this state for testimony taken in another state. The court on its own motion

may order that the testimony of a person be taken in another state and may prescribe

the manner in which and the terms upon which the testimony is taken.

2. A court of this state may permit an individual residing in another state to be deposed or

to testify by telephone, audiovisual means, or other electronic means before a

designated court or at another location in that state. A court of this state shall

cooperate with courts of other states in designating an appropriate location for the

deposition or testimony.

3. Documentary evidence transmitted from another state to a court of this state by

technological means that do not produce an original writing may not be excluded from

evidence on an objection based on the means of transmission.
N.D. Cent. Code § 14-20-45 — ND Code / Title 14 / Chapter 14-20 / Section 14-20-45
14-20-45. (610) Joinder of proceedings
Status: in_force

14-20-45. (610) Joinder of proceedings

1. Except as otherwise provided in subsection 2, a proceeding to adjudicate parentage

may be joined with a proceeding for adoption, termination of parental rights, child

custody or visitation, child support, divorce, annulment, legal separation or separate

maintenance, probate or administration of an estate, or other appropriate proceeding.

2. A respondent may not join a proceeding described in subsection 1 with a proceeding

to adjudicate parentage brought under chapter 14-12.2.
N.D. Cent. Code § 14-14.2-07 — ND Code / Title 14 / Chapter 14-14.2 / Section 14-14.2-07
14-14.2-07. Provisions and measures to prevent abduction
Status: in_force

14-14.2-07. Provisions and measures to prevent abduction

1. If a petition is filed under this chapter, the court may enter an order that must include:

a. The basis for the court's exercise of jurisdiction;

b. The manner notice and the opportunity to be heard were given to the persons

entitled to notice of the proceeding;

c. A detailed description of each party's custody and visitation rights and residential

arrangements for the child;

d. A provision stating a violation of the order may subject the party in violation to civil

and criminal penalties; and

e. Identification of the child's country of habitual residence at the time of the

issuance of the order.

2. If, at a hearing on a petition under this chapter or on the court's own motion, the court

after reviewing the evidence finds a credible risk of abduction of the child, the court

shall enter an abduction prevention order. The order must include the provisions

required by subsection 1 and measures and conditions, including those in

subsections 3, 4, and 5, which are reasonably calculated to prevent abduction of the

child, giving due consideration to the custody and visitation rights of the parties. The

court shall consider the age of the child, the potential harm to the child from an

abduction, the legal and practical difficulties of returning the child to the jurisdiction if

abducted, and the reasons for the potential abduction, including evidence of domestic

violence, stalking, or child abuse or neglect.

3. An abduction prevention order may include:

a. An imposition of travel restrictions that require a party traveling with the child

outside a designated geographical area to provide the other party with:

(1) The travel itinerary of the child;

(2) A list of physical addresses and telephone numbers at which the child can

be reached at specified times; and

(3) Copies of all travel documents;

b. A prohibition on the respondent directly or indirectly:

(1) Removing the child from this state, the United States, or another geographic

area without permission of the court or the petitioner's written consent;

(2) Removing or retaining the child in violation of a child-custody determination;

(3) Removing the child from school or a child-care or similar facility; or

(4) Approaching the child at any location other than a site designated for

supervised visitation;

c. A requirement a party register the order in another state as a prerequisite to

allowing the child to travel to that state;

d. Regarding the child's passport:

(1) A requirement the petitioner place the child's name in the United States

department of state's child passport issuance alert program;

(2) A requirement the respondent surrender any United States or foreign

passport issued in the child's name, including a passport issued in the name

of both the parent and the child to the court or the petitioner's attorney; and

(3) A prohibition on the respondent applying for a new or replacement passport

or visa on behalf of the child;

e. As a prerequisite to exercising custody or visitation, a requirement the respondent

provide:

(1) To the United States department of state's office of children's issues and the

relevant foreign consulate or embassy, an authenticated copy of the order

detailing passport and travel restrictions for the child;

(2) To the court:

(a) Proof the respondent has provided the information in paragraph 1; and

(b) An acknowledgment in a record from the relevant foreign consulate or

embassy no passport application has been made, or passport issued,

on behalf of the child;

(3) To the petitioner, proof of registration with the United States embassy or

other United States diplomatic presence in the destination country and with

the central authority for the Hague convention on the civil aspects of

international child abduction, if the convention is in effect between the

United States and the destination country, unless one of the parties objects;

and

(4) A written waiver under the Privacy Act, as amended [5 U.S.C. Section 552a]

with respect to any document, application, or other information pertaining to

the child authorizing its disclosure to the court and the petitioner; and

f. Upon the petitioner's request, a requirement the respondent obtain an order from

the relevant foreign country containing terms identical to the child-custody

determination issued in the United States.

4. In an abduction prevention order, the court may impose conditions on the exercise of

custody or visitation which:

a. Limit visitation or require visitation with the child by the respondent be supervised

until the court finds supervision is no longer necessary and order the respondent

to pay the costs of supervision;

b. Require the respondent to post a bond or provide other security in an amount

sufficient to serve as a financial deterrent to abduction, the proceeds of which

may be used to pay for the reasonable expenses of recovery of the child,

including reasonable attorneys fees and costs if there is an abduction; and

c. Require the respondent to obtain education on the potentially harmful effects to

the child from abduction.

5. To prevent imminent abduction of a child, a court may:

a. Issue a warrant to take physical custody of the child under any provision of law,

including section 14-14.2-08;

b. Direct law enforcement to act as reasonably necessary to locate the child, obtain

return of the child, or enforce a custody determination under any provision of law,

including this chapter; or

c. Grant any other relief allowed under law.

6. The remedies provided in this chapter are cumulative and do not affect the availability

of other remedies to prevent abduction.
N.D. Cent. Code § 14-14.1-17 — ND Code / Title 14 / Chapter 14-14.1 / Section 14-14.1-17
14-14.1-17. (206) Simultaneous proceedings
Status: in_force

14-14.1-17. (206) Simultaneous proceedings

1. Except as otherwise provided in section 14-14.1-15, a court of this state may not

exercise its jurisdiction under sections 14-14.1-12 through 14-14.1-21 if, at the time of

the commencement of the proceeding, a proceeding concerning the custody of the

child has been commenced in a court of another state having jurisdiction substantially

in conformity with this chapter, unless the proceeding has been terminated or is stayed

by the court of the other state because a court of this state is a more convenient forum

under section 14-14.1-18.

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

hearing a child custody proceeding, shall examine the court documents and other

information supplied by the parties under section 14-14.1-20. If the court determines

that a child custody proceeding has been commenced in a court in another state

having jurisdiction substantially in accordance with this chapter, the court of this state

shall stay its proceeding and communicate with the court of the other state. If the court

of the state having jurisdiction substantially in accordance with this chapter does not

determine that the court of this state is a more appropriate forum, the court of this state

shall dismiss the proceeding.

3. In a proceeding to modify a child custody determination, a court of this state shall

determine whether a proceeding to enforce the determination has been commenced in

another state. If a proceeding to enforce a child custody determination has been

commenced in another state, the court may:

a. Stay the proceeding for modification pending the entry of an order of a court of

the other state enforcing, staying, denying, or dismissing the proceeding for

enforcement;

b. Enjoin the parties from continuing with the proceeding for enforcement; or

c. Proceed with the modification under conditions it considers appropriate.
N.D. Cent. Code § 14-02.3-01 — ND Code / Title 14 / Chapter 14-02.3 / Section 14-02.3-01
14-02.3-01. State policy on abortion and childbirth - Use of public funds restricted
Status: in_force

14-02.3-01. State policy on abortion and childbirth - Use of public funds restricted

1. Between normal childbirth and abortion, it is the policy of the state of North Dakota that

normal childbirth is to be given preference, encouragement, and support by law and by

state action, it being in the best interests of the well-being and common good of North

Dakota citizens.

2. An agency of this state may not produce, distribute, publish, disseminate, endorse, or

approve materials of any type that, between normal childbirth and abortion, do not give

preference, encouragement, and support to normal childbirth. An agency of the state

may not fund, endorse, or support any program that, between normal childbirth and

abortion, does not give preference, encouragement, and support to normal childbirth.

3. No funds of this state or any agency, county, municipality, or any other subdivision

thereof and no federal funds passing through the state treasury or a state agency may

be used to pay for the performance, or for promoting the performance, of an abortion

unless the abortion is necessary to prevent the death of the woman.
N.D. Cent. Code § 14-15-02 — ND Code / Title 14 / Chapter 14-15 / Section 14-15-02
14-15-02. Who may be adopted
Status: in_force

14-15-02. Who may be adopted

Any individual may be adopted.