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How Does a North Dakota Court Consider a Child's Preference? Assuming the court has found by clear and convincing evidence that a child is mature enough to testify to his or her preference, the court may give substantial weight to the preference of the child. That word, "may," is small, but very important.
In North Dakota, legal custody is known as in the statutes as "decision-making responsibility." The parents' custody order may specify the decision-making responsibility each parent has, but decision-making responsibility does not include decisions about child support. That is a separate determination.
For example, an obligor with a net monthly income of $2,000 will pay $431 to support one child and $562 for two children per North Dakota's guidelines (as of 2018).
Courts usually prefer that a child maintains some type of relationship with both parents. So, to get full custody, you need to show the court the other parent is not fit to share time with the child. Reasons a parent is unfit could include abuse, neglect or abandonment.
Child custody is really two separate things: physical custody and legal custody. "Physical custody" refers to the parent with whom a child resides. In North Dakota, physical custody is known as in the statutes as "residential responsibility."