How to Win a Custody Battle in North Dakota: 6 Key Strategies

Get expert advice on how to win a custody battle from a top North Dakota family law firm. Click here to protect your rights and ensure a favorable outcome.

According to World Population Review’s latest statistics, North Dakota’s divorce rate is 2.9%. Although it’s not the highest, it’s still higher than half of the other states.

Not all divorce cases in North Dakota involve lengthy court fights. Unfortunately, some do, and often include child custody battles.

If you are in the process of getting divorced yourself and you and your spouse have children, it pays to learn how to win a custody battle. The other parent may be cooperating with you now, but they may change their tactics, and if they do, they may rob you of your parental rights and responsibilities.

To that end, our team at Heartland Law Office put together this North Dakota family court guide. Read on to discover child custody tips in ND and how to protect your rights as a parent.

1. Talk Things Out With Your Former Partner

The first thing you should try when there’s a custody battle brewing is to speak with your former partner. Unless there’s a dire need to battle it out in court (e.g., the other parent has a history of abuse, and they’re claiming otherwise), it’s generally better to have a child custody agreement involving both parents.

However, just as crucial is to have the agreement put into writing. You can use this written agreement as documentation if the other parent decides to “break” their promise of sharing custody with you.

2. Understand the Different Types of Custody in North Dakota

Before engaging in a custody battle, it pays to understand ND child custody laws, including how the state calls and defines “child custody.” Understanding the primary types of custody can help you discover what each entails and what it means for you if you get them. You can then use this knowledge to shape your strategy if you must go to court and fight for your parenting rights and responsibilities.

ND Century Code Chapter 14-09 (Parent and Child) governs child custody laws. Under these laws, what you may know as “legal custody” is “decision-making responsibility.” The state also has a different term for physical custody; courts use “residential responsibility.”

However, despite the different terms, they still carry the same meaning. Decision-making responsibility concerns parents’ rights and obligations to make crucial decisions in the best interest of their children. On the other hand, residential responsibility is a parent’s obligation regarding where their children live.

3. Know the Factors Used by Courts When Determining Custody

A child’s best interests and welfare are among the primary factors establishing parental rights and responsibilities in North Dakota.

As the Child Welfare Information Gateway explains, per ND Century Code § 14-09-06.2(1), the state’s family courts consider and evaluate many factors when determining a child’s best interest and welfare. They include but aren’t limited to a parent’s:

Relationship with their child (e.g., love, affection, and emotional ties between the two)
Ability to provide for their children’s needs (such as a safe environment, food, clothing, shelter, and medical care)
Ability to meet the developmental needs of their children
Physical and mental health and how it can impact their children
Moral fitness and how it can affect their children
Ability and willingness to encourage their children to have a close relationship with the other parent

The above are grounds for receiving custody, but they can also be reasons for a parent to lose custody.

For example, one parent explicitly bars the children from communicating with the other parent for no good reason. The other parent can point this out to the family court and say that the other parent’s actions are not in their children’s best interest and welfare.

4. Keep Accurate Records

During custody battles, some parents may point fingers and claim the other parent doesn’t have a close and loving relationship with their children. For this reason, it’s imperative to have proof that you are close to your kids. Ensure you have records of your communication and time spent with your children, such as:

Text, chat, and email messages
Photos and videos of you and your kids together
Receipts and other documentation proving you’ve spent time with your children and you contribute to their financial needs

5. Stay Focused on Your Children

Throughout the custody battle, put more of your strength and focus on your kids than your disputes with the other parent. If you are in a tense, stressful situation with the other parent, consider how the actions you are about to take will impact your kids and your custody case. If it’s anything negative (for example, lashing out), take a deep breath, speak calmly, and don’t let your emotions take control.

Remember: Your former spouse or partner can use anything you do during and after a custody battle against you.

6. Hire a Child Custody Lawyer

If you believe you can’t avoid disputes with the other parent, one of the most crucial pieces of custody battle advice to abide by is to hire a child custody lawyer. They understand North Dakota family laws better, and they’ll use their knowledge and experience to help increase your chances of winning custody over your children.

For example, suppose you want full custody of your children because the other parent has a history of violence against your little ones. It’s unfortunate and, worse, widespread; according to a 2024 report from the Child Welfare League of America (CWLA), in 2022, North Dakota received 2,808 referrals for child abuse and neglect. Of these cases, over eight in ten were abuse perpetrated by parents.

In that case, please let your child custody lawyer know immediately. They can help prove in court that awarding you full custody is in your children’s best interest and welfare.

How to Win a Custody Battle: Follow Our Tips

Now that you’ve learned how to win a custody battle, the next step is enlisting a highly experienced lawyer specializing in North Dakota custody laws.

Our law firm, Heartland Law Office, is here to assist you in protecting your parental rights and responsibilities. Our attorneys, Patrick Waters and Travis Iversen, specialize in family law. Attorney Waters also has over 17 years of experience practicing law.