Fargo Family Law Blog

Family law across the country, including in Fargo, tends to favor marries couples who have children. However, this does not mean that unmarried couples who have children, biological or adopted, have no rights under the law.

Even where the parents are not married to one another, they should ensure that both of their names are included on the birth certificate, giving both parents legal rights such as child custody, and responsibilities such as child support. The presumption that the father is the legal father of the child is thrown out the window when the couple is married, which is why fathers also have to sign an affidavit acknowledging their paternity. If this is not done at the time of birth, names can be added on the birth certificate at a later time. Adding the parent's name to the birth certificate also ensures that children become eligible to receive their parent's government benefits, such as social security or governmental pension.

In North Dakota, as in other jurisdictions around the country, there is an obligation on parents to support their children, both emotionally and financially, regardless of whether they are married to one another. This means financial obligations continue even after the couple gets a divorce from one another. There are specific factors that are included in the calculation for child support payments, but the question that might be coming to many parents minds during the summer months is: who pays for summer camp?

The noncustodial parent is generally responsible for making child support payments to the other parent, the parent with physical custody. While child support statutes cover a wide range of areas, such as medical expenses, school fees, entertainment and extracurricular activities, if a child support agreement does not expressly cover summer camp arrangements, parents may find themselves wading into grey area.

As a North Dakota parent, one of the most important things you can do is to take definitive steps to protect your relationship with your children after a divorce. One way you can do this is by working diligently to protect your parental rights and shield your kids from any adverse effects caused by the end of your marriage.

You understand the importance of protecting your relationship with your kids, but this can be difficult to do if the other parent is attempting to undermine your rights through parental alienation. You have the right to fight back and take whatever steps are necessary to protect your children and preserve your role as an active and loving parent. 

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.