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Custody in North Dakota is decided in the District Court. Most states split the question in two: who makes the big decisions for the child, and what the day to day schedule looks like. Both usually end up written into one order or parenting plan the judge approves.
The wording differs from state to state, so read the official North Dakota documents below rather than assuming a term you heard elsewhere means the same thing here. Courts decide these cases on the best interests of the child, and the official forms are written to collect the facts a judge needs.
Official North Dakota custody resources
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North Dakota family law forms (official index) (North Dakota judicial branch): The official statewide collection of North Dakota family law forms. When a direct document link stops working, this index is where the current version lives. https://www.ndcourts.gov/legal-self-help
North Dakota court self-help resources (North Dakota courts self-help): Official self-help information for people handling their own North Dakota family case, including instructions and plain-language guides. https://www.ndcourts.gov/legal-self-help
North Dakota mediation and dispute resolution (North Dakota judicial branch): Official information on mediation and other ways to settle a North Dakota family case without a trial. https://www.ndcourts.gov/state-court-administration/family-law-mediation-program
North Dakota Odyssey File & Serve (Tyler Technologies): North Dakota's statewide Odyssey File & Serve portal is live and you can register yourself. E-filing is required for lawyers but optional for people without a lawyer, so you may also file on paper in person or by mail. https://northdakota.tylertech.cloud/
North Dakota rules of procedure (North Dakota judicial branch): The court rules that control deadlines, service, and how family cases move in North Dakota. https://www.ndcourts.gov/rules
Verified official North Dakota custody documents
These official documents cover asking for custody, setting a schedule, and putting a parenting plan in front of the judge.
Brief in Support of Motion for Default Parenting Responsibility Judgment (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Custody/default-parenting-judgment/motion/MP3.%20Brief%20Default%20PR.pdf
Custody & Visitation Confidential Information Form (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Establishing%20Custody%20and%20Visitation/Form-4-Confidential-Info-Form.pdf
Declaration of Proof for Default Parenting Responsibility Judgment (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Custody/default-parenting-judgment/motion/MP5.%20Decl%20Proof%20Default%20PR.pdf
Enforcing an Out-of-State or Tribal Court Custody Order (with a Warrant Application) (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Custody/Enforce%20OOS%20Custody%20Order%20With%20Warrant%20Info%20Guide.pdf
Enforcing an Out-of-State or Tribal Court Custody Order (without a Warrant Application) (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Custody/Enforce-Foreign-Custody-Order.pdf
Guardian Ad Litem Report (Form 4) (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Adult%20Guardianship/Frm-4.-Guardian-Ad-Litem-Report.pdf
Instructions for Answer to Motion for Default Parenting Responsibility Judgment Read First! (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Custody/default-parenting-judgment/answer/Instructions-Default-Divorce-Answer-to-Motion.pdf
Instructions for Motion for Default Parenting Responsibility Judgment Read These Instructions First! (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Custody/default-parenting-judgment/motion/Instructions-for-Default-PR-Motion.pdf
Jdgmt Default PR (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Custody/default-parenting-judgment/motion/MP8.%20Jdgmt%20Default%20PR.pdf
Motion for Default Parenting Responsibility Judgment (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Custody/default-parenting-judgment/motion/MP2.%20Motion%20Default%20PR.pdf
MP11 & MP12: Notice of Entry of Default Parenting Responsibility Judgment (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Custody/default-parenting-judgment/motion/MP11%20%2012%20Notice%20Entry%20Default%20Jdgmt.pdf
Notice of Motion for Default Parenting Responsibility Judgment (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Custody/default-parenting-judgment/motion/MP1.%20Notice%20of%20Motion%20Default.pdf
Order Appointing Guardian Ad Litem (Form 3) (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Adult%20Guardianship/Frm-3.-Order-for-GAL-Apptmt.pdf
Order for Appointment of Guardian Ad Litem (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Adult%20Guardianship/Order%20Appointment%20Guardian%20Ad%20Litem.pdf
Prop FofF Default PR (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Custody/default-parenting-judgment/motion/MP7.%20Prop%20FofF%20Default%20PR.pdf
Registering an Out-of-State or Tribal Court Custody Order (Child Custody / Parenting), official document: https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Custody/Register-Foreign-Custody-Order.pdf
Official link data for North Dakota was last verified June 2026. Report anything outdated through our contact page and we will re-check the official source.
Family cases in North Dakota are heard in the District Court. North Dakota's District Court hears all divorce and custody cases. North Dakota's 53 counties are grouped into judicial districts.
Custody decisions are made on the best interests of the child, not on which parent asks first. Judges look at things like stability, each parent's involvement, the child's needs, and whether a parent supports the child's relationship with the other parent. Read the official North Dakota forms and self-help material for the factors this state asks about.
Many courts send custody disputes to mediation before a hearing, and some require it. The official North Dakota mediation page linked above explains what this state offers and when it applies.