North Dakota Family Court: Custody and Parenting-Time Guide

Find the right family court

The custody or parenting-time route described in this guide is handled through the North Dakota State District Courts. Other family-law matters can follow a different court or procedure.

Find the court for your area.

• North Dakota's court locator lets a person select a county to find its district court.Sources:Court Locations

How North Dakota courts decide custody

North Dakota calls custody residential responsibility and calls visitation parenting time.Sources:Establishing Custody (Residential Responsibility) and Visitation (Parenting Time)

• The selected court route is for parents who were never married to each other and agree in writing on every issue before filing.Sources:Establishing Custody (Residential Responsibility) and Visitation (Parenting Time), File to Establish Parenting Responsibilities Together

Key legal sources

• N.D.C.C. § 14-09-06.2Sources:North Dakota Century Code Chapter 14-09

Parenting time

The selected route uses a written settlement agreement and Exhibit A Parenting Plan.Sources:File to Establish Parenting Responsibilities Together

• Forms 3 and 4 make up the written agreement for this route, and the packet cannot be used when the parents do not agree on every paragraph.Sources:File to Establish Parenting Responsibilities Together

Key legal sources

• N.D.C.C. § 14-09-30Sources:North Dakota Century Code Chapter 14-09

How to file

This draft is limited to an uncontested first establishment of parenting responsibilities by never-married parents who agree in writing on every issue and meet the packet conditions.Sources:Establishing Custody (Residential Responsibility) and Visitation (Parenting Time), File to Establish Parenting Responsibilities Together

1. Confirm the packet's conditions

   Confirm the packet's listed conditions, including the parents' agreement, never-married status, child home-state facts, parentage, no listed prior order or protection order, and its military condition.Sources:File to Establish Parenting Responsibilities Together

2. Complete the packet forms

   Complete Forms 1 through 9 before attempting to file: the summons, complaint, settlement agreement, Exhibit A parenting plan, confidential information form, admission of service, affidavit of proof, proposed findings and order, and proposed judgment.Sources:File to Establish Parenting Responsibilities Together

3. Address child support and the conditional notice

   Calculate child support unless a listed court has already ordered it; this packet cannot be used if the parents do not want to establish support or agree to a different amount. Complete Form 10 only if a judge or judicial referee signs Form 8.Sources:File to Establish Parenting Responsibilities Together

Official forms

Open the official forms portal.

• The North Dakota Court System hosts this Legal Self Help packet but says its forms are not official court forms and courts are not required to accept them.Sources:File to Establish Parenting Responsibilities Together

Free court self-help

Find court self-help near you.

• North Dakota Legal Self Help Center

  Provides information about civil court processes, directs people to available forms, and gives limited form instructions; it does not provide legal advice or representation.Sources:Legal Self Help Center

Legal-aid organizations

• Legal Services of North Dakota

  Area served: North Dakota residents

  The court describes it as a nonprofit that provides free assistance in a variety of matters and can assess income requirements for its Volunteer Lawyers program.Sources:Finding a Lawyer

  Eligibility: The court says assistance and the Volunteer Lawyers program are based on income; confirm current eligibility and capacity directly.

• Dakota Plains Legal Services

  Area served: Communities in North Dakota and South Dakota, including nine tribal nations

  The court describes it as a nonprofit that provides free assistance to low-income individuals, older Americans, and veterans, including help with tribal court matters.Sources:Finding a Lawyer

  Eligibility: The court identifies low-income individuals, older Americans, and veterans as the groups served; confirm current eligibility and capacity directly.

Fee waivers

North Dakota law allows a court, at its discretion, to waive filing fees in a civil action with or without a hearing when an in forma pauperis petition and a sworn affidavit about indigency are filed.Sources:North Dakota Century Code Chapter 27-01

Who may qualify

• The court packet directs the person requesting a waiver to complete a petition and financial declaration, and to provide a proposed order for the judge or judicial referee.Sources:Instructions and Forms for Petition for Waiver of Filing Fees

What to do

1. Complete the current court packet

   Complete the Petition for Waiver of Filing Fees, Financial Declaration in Support of Petition for Waiver of Filing Fees, and proposed Order Waiving Filing Fees, then follow the packet's filing instructions for the district court.Sources:Instructions and Forms for Petition for Waiver of Filing Fees

Official fee-waiver forms

• Form 1: Petition for Waiver of Filing Fees
• Form 2: Financial Declaration in Support of Petition for Waiver of Filing Fees
• Form 3: Order Waiving Filing Fees

Key statute or rule

• N.D.C.C. § 27-01-07Sources:North Dakota Century Code Chapter 27-01

Attorney cost benchmark

Lawyer fees vary by county, experience, services, and the facts of a case. This state benchmark is context for planning, not a quote.

• Compare Average Lawyer Hourly Rate by State (2026 Data)

State and local details to confirm

• This limited packet excludes a different child-support amount and does not replace the separate contested, modification, divorce, emergency, or out-of-state and tribal-order routes.Sources:File to Establish Parenting Responsibilities Together, Establishing Custody (Residential Responsibility) and Visitation (Parenting Time)