Domestic Violence and North Dakota Family Court
How ND family courts may evaluate domestic violence in custody cases.
Understanding Custody in Domestic Violence Cases
Custody Basics
Custody refers to the legal rights and responsibilities regarding the care and control of a child. It can include physical custody, which means where the child lives, and legal custody, which involves decisions about the child's welfare. Custody arrangements can be sole or shared, depending on what the court deems appropriate.
Best-Interest Considerations
When deciding custody, courts look at the child's best interests. Factors often include the child's safety, emotional well-being, stability, and the ability of each parent to meet the child's needs. The history and circumstances surrounding domestic violence may influence these considerations.
Evidence Survivors May Present
Survivors may provide evidence to show concerns about the other parent’s behavior or its impact on the child. This can include:
- Reports from social workers or counselors
- Police reports or records of incidents
- Medical or psychological evaluations
- Testimony from witnesses
Interaction with Protection Orders
Protection orders related to domestic violence may affect custody arrangements. Courts may consider existing orders when setting custody, including restrictions on contact. However, a protection order does not automatically determine custody and visitation rights.
Additional support options can be found through resources listed at DV.Support.