In a child custody proceeding, while it is preferable for all North Dakota parties - including the child - that the case go smoothly and the best interests of the child take precedence, it is unavoidable that there will be disagreements that cannot be settled through negotiation. When there is this level of child custody dispute and one or both parties want an investigation and report as to parental rights and responsibilities, the courts can order that this be done. Understanding the law for custody investigations and reports and what it entails is imperative for the party that requests it and the other party.
With North Dakota child custody cases and arguments over visitation rights, there are many considerations that the court will assess as all-important decisions are made. Since the child is often caught in the middle of a custody dispute and there are lingering effects from the issues that sparked the couple to part ways, it is important to focus on the child's needs. The best interests of the child are critical and there are numerous factors that the court will weigh.
A judge recently vacated an order that gave custody and parental rights to a man convicted of raping a 12-year-old girl. The judge who signed the order claims he was not aware at the time he signed the consent agreement that the child was conceived through rape. Once he had such knowledge, he vacated the order. A local prosecutor released a statement in which he apologized for the way the case was handled.
Whether child custody relocation is permissible depends upon the state in which the child custody case was initially decided. Some states, including Minnesota and North Dakota, will allow relocation if the parents have an agreement in place that contains express consent and a proposed visitation schedule.
A recent study conducted by a professor of adolescent and educational psychology at Wake Forest University emphasizes the benefits of shared custody for children of divorce. The study's author intended to determine to what extent less conflict and cooperative co-parenting benefits children. She found that having a quality relationship with each parent has the most positive effect on children and that children benefit from a quality relationship with each parent, even if the parents do not have a cooperative, co-parenting relationship.
Going through a divorce can be a stressful experience for the adults involved. Children of divorcing couples face their own challenges, especially in the case where a parent decides to relocate.
For most adults, the end of a marriage can feel more like a death as you deal with similar emotions like anger, sorrow, guilt or a feeling of fear. When children, particularly teenagers are involved, coping with these feelings on top of dealing with your teenager can be quite daunting.