When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, a North Dakota court will intervene and establish custody arrangements based on the best interest of the child. Divorcesource.com provides a complete summary of divorce and custody laws in the state of North Dakota.

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

According to North Dakota law, there is no presumption as to whether the mother or father will better provide for the best interest and welfare of the child. The best interest and welfare of the child are determined by the court's consideration and evaluation of the following factors:

• The love, affection, and other emotional ties that exist between the parents and the child
• The capacity and disposition of the parents to give the child love, affection, and guidance and to continue the child's education
• The disposition of the parents to provide the child with food, clothing, medical care, or other remedial care
• The length of time the child has lived in a stable, satisfactory environment and the desirability for maintaining continuity
• The permanence of the proposed, existing, custodial home
• The moral fitness of the parents
• The mental and physical health of the parents
• The home, school, and community record of the child
• The preference of the child if he or she is of sufficient maturity to express a preference
• Evidence of domestic violence
• The interaction and interrelationship of the child with any person who resides in or frequents the household
• The making of any false accusations by one parent against the other
• Any other relevant factors

In North Dakota, the court commonly grants the non-custodial parent rights of visitation so that the child and the non-custodial parent may maintain a parent-child relationship that is beneficial to the child unless, however, the court finds that the visitation is likely to endanger the child's physical or emotional health. A parent may seek a modification of the custody award if he or she can show that there has been a change of circumstances that requires a change in custody. For a comprehensive overview of child custody laws in North Dakota, go to lawyers.com.