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Custody

Child Custody Laws in North Dakota

Understand custody standards, parenting plans, and visitation rights in North Dakota. North Dakota follows equitable distribution.

Property Type

Equitable

Filing Fee

$80–$100

Median Cost

$6,500–$26,000

Annual Divorces

2,500+

Understanding Child Custody Laws in North Dakota

North Dakota courts determine all custody matters using the best interest of the child standard. This means the court evaluates each parent’s ability to provide a stable, nurturing environment, the child’s existing relationships and routines, and any special needs or preferences (for children old enough to express them).

Child support in North Dakota is calculated using the Percentage of Income model. The non-custodial parent pays a set percentage of their gross income: typically 20% for one child, 25% for two, and 30% for three.

North Dakota recognizes both legal custody (decision-making authority) and physical custody (where the child lives). Joint legal custody is common; physical custody arrangements vary based on the family’s circumstances. The filing fee to initiate custody proceedings in North Dakota is $80–$100.

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Common Questions

How long do you have to live in North Dakota to file for divorce?
North Dakota requires 6 months of residency before you can file for divorce. N.D.C.C. §14-05-03 governs the filing requirements.
Is North Dakota a community property or equitable distribution state?
North Dakota follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in North Dakota?
Filing fees in North Dakota range from $80–$100. The median total cost is approximately $6,500 for uncontested divorces and $26,000 for contested cases.
How long does a divorce take in North Dakota?
North Dakota has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in North Dakota?
North Dakota uses a Percentage of Income model, calculating support as a percentage of the non-custodial parent's income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about child custody laws in North Dakota and is not legal advice. Verify current statutes with N.D.C.C. §14-05-03 or consult a licensed North Dakota attorney. Last reviewed March 2026.