Fargo Family Law Blog

Child custody is a complex issue, but in many cases, North Dakota parents are able to resolve their custody and visitation matters without the intervention of the court. If you are hoping to settle your divorce out of court and draft a parenting plan on your own, there are various things you would be wise to consider in order to ensure you have a strong and workable plan.

A parenting plan will be the foundation of your custody order. The document specifically details how you and your soon-to-be-ex-spouse will share parenting time. The terms of your plan will influence your family for years to come, and you would be wise to keep a clear view of the future and not allow temporary emotions to motivate you as you consider your agreement.

Premarital agreements have become a common feature of North Dakota marriages. In fact, most family lawyers who practice in the state will encourage their clients to sign such an agreement if the circumstances are appropriate. What happens, though, if circumstances change or the agreement is discovered to be unfair or the result of fraud?

North Dakota has adopted the Uniform Premarital and Marital Agreements Act, a statute that is in effect in the majority of states. This statute specifies the formal requirements of a valid premarital agreement and the conditions that are necessary to enforce it. The first requirement is that the agreement be in writing and signed by both parties before the marriage occurs. A verbal premarital agreement or one that is lacking the signature of one of the parties is unenforceable. Very few agreements are not signed by both parties and these objections are rarely raised.

Child support is often considered one of the most important issues in a divorce proceeding. But, many women in North Dakota who never married are raising children by themselves. What about these single mothers who were never married to the child's father? Do they have a right to seek child support from the child's biological father?

The short answer is "yes," but the mother must go through what can be a lengthy and emotionally difficult legal process. A necessary first step is to identify the father. Some unwed fathers will admit to fathering the child, while others will steadfastly deny parentage. In the latter case, the mother may need to bring a paternity action to prove that the man is the father of the child in question. Our last post covered the mechanics of proving paternity, including the use of DNA tests. Once fatherhood has been established, the mother may need to begin a case to compel the father to pay support.

Most men in North Dakota view fatherhood as a blessing and a significant obligation. Some men ignore any emotional attachment to a child and, instead, attempt to avoid their obligations to a child. For young mothers who are not married to the father of their child, formal legal proceedings may be needed to establish paternity of the child and to obtain child support and payment for medical care.

In some situations, paternity cannot be denied. Any child who is born during a marriage or within 300 days of the end of the marriage is presumed to be the child of the husband. A second method of establishing paternity is a voluntary acknowledgement of paternity by the father. The father must sign a form that has the legal effect of establishing the man as the child's legal father; once the form is signed, the father's name will be entered on the child's birth certificate.