What is a parenting plan in North Dakota?

A parenting plan is a written document in which parents set out how they will share responsibility for and time with their children. In North Dakota it can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to modify an existing order. Because North Dakota allocates parental rights and responsibilities, the plan describes decision-making responsibility, residential responsibility, and parenting time for the court to adopt (North Dakota Century Code Section 14-09-00.1).

What is parenting time in North Dakota?

In North Dakota, parenting time is the time when the child is to be in the care of a parent (North Dakota Century Code Section 14-09-00.1). Your North Dakota parenting plan should describe the parenting-time schedule in detail: the regular weekday and weekend routine, holidays, school breaks, and summer, along with residential responsibility.

Is a written parenting plan required in North Dakota?

North Dakota allocates parental rights and responsibilities, including decision-making responsibility, residential responsibility, and parenting time, inside the court's order (North Dakota Century Code Sections 14-09-00.1 and 14-09-06.2). Writing out a clear parenting plan is still valuable in North Dakota because it shows the court the arrangement the parents are asking it to adopt.

Can unmarried parents make a parenting plan in North Dakota?

Yes. A parenting plan in North Dakota can be used by parents who were never married, not only by parents who are divorcing. The allocation of parental rights and responsibilities under the best interests and welfare standard applies regardless of whether the parents were married (North Dakota Century Code Section 14-09-06.2).

Where are parental rights and responsibilities decided in North Dakota?

In North Dakota, parental rights and responsibilities are decided by the district court in the county where the case is filed, as part of a divorce or a separate proceeding. The court sets decision-making responsibility, residential responsibility, and parenting time inside its order under the best interests and welfare of the child standard (North Dakota Century Code Section 14-09-06.2).

North Dakota Parenting Plan

Q: What is the difference between a parenting plan and a custody order in North Dakota?

In North Dakota a parenting plan is the written arrangement the parents propose, while the court's order allocates parental rights and responsibilities. North Dakota does not use the word custody; the order sets decision-making responsibility, residential responsibility, and parenting time (North Dakota Century Code Sections 14-09-00.1 and 14-09-06.2). When the parents agree, they present their plan and the court adopts it into its order if it serves the best interests and welfare of the child.

Q: What does North Dakota call custody?

North Dakota does not use custody as its operative term. A North Dakota court allocates parental rights and responsibilities, which are made up of decision-making responsibility, the responsibility to make decisions concerning the child, and residential responsibility, a parent's responsibility to provide a home for the child (North Dakota Century Code Section 14-09-00.1).

A North Dakota parenting plan sets out parental rights and responsibilities, decision-making, residential responsibility, and parenting time, decided by the best interests and welfare of the child (N.D.C.C. 14-09-06.2). Attorney review available.

Find out where you stand in North Dakota

What is your situation with the parenting plan?

DocDraft provides document preparation, not legal advice.

Introduction

In North Dakota, which allocates parental rights and responsibilities, made up of decision-making responsibility and residential responsibility, rather than custody, a parenting plan is the written document two parents use to divide those responsibilities and time with their children, whether they are divorcing, were never married, or are changing an existing order. North Dakota does not use the word custody as its operative term. Instead, a court allocates parental rights and responsibilities, which are made up of decision-making responsibility, the responsibility to make decisions concerning the child, and residential responsibility, a parent's responsibility to provide a home for the child (North Dakota Century Code Section 14-09-00.1). Time with a parent is called parenting time. For the purpose of parental rights and responsibilities, the best interests and welfare of the child is determined by the court's consideration and evaluation of all factors affecting the best interests and welfare of the child (Section 14-09-06.2). North Dakota allocates these rights and responsibilities inside the court's order. Writing out a clear parenting plan is valuable in North Dakota because it shows the court the decision-making, residential responsibility, and parenting-time arrangement the parents are asking it to adopt. DocDraft builds your North Dakota parenting plan from your family's schedule, with attorney review available before you submit it to the court.

Key Things to Know

1
In North Dakota, a parenting plan is the written document in which two parents set out decision-making responsibility, residential responsibility, and parenting time for their children, whether they are divorcing, were never married, or are changing an existing order.
2
North Dakota does not use custody as its operative term; a court allocates parental rights and responsibilities (North Dakota Century Code Section 14-09-00.1).
3
In North Dakota, decision-making responsibility is the responsibility to make decisions concerning the child, and residential responsibility is a parent's responsibility to provide a home for the child (Section 14-09-00.1).
4
Parenting time in North Dakota is the time when the child is to be in the care of a parent (North Dakota Century Code Section 14-09-00.1).
5
For parental rights and responsibilities in North Dakota, the best interests and welfare of the child is determined by considering all factors affecting the child (Section 14-09-06.2).
6
North Dakota allocates parental rights and responsibilities inside the court's order rather than requiring a separate statutory form.
7
A clear written plan still shows a North Dakota court the decision-making, residential responsibility, and parenting-time arrangement the parents are asking it to adopt.

Key decisions before you file

Before you file a Parenting Plan in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

Customize your Parenting Plan Template with DocDraft

NORTH DAKOTA PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing order. North Dakota allocates parental rights and responsibilities rather than custody, and this plan sets out decision-making responsibility, residential responsibility, and parenting time the parents ask a North Dakota court to approve under the best interests and welfare of the child.

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Decision-making responsibility. The parents will share [joint / sole to PARENT] decision-making responsibility. Major decisions about the children's education, health care, and religious upbringing will be made [jointly, after good-faith discussion / by PARENT]. Each parent may make routine day-to-day decisions while the children are in that parent's care and may authorize emergency medical treatment when needed.
Residential responsibility and parenting time. The children will reside primarily with [PARENT], and the other parent will have parenting time as follows. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Holidays and special days. The parents will divide holidays as follows: [Thanksgiving, winter holidays, and other holidays, alternating by year or as agreed]. Mother's Day is with [PARENT] and Father's Day with [PARENT]. Each child's birthday: [describe].
School breaks and summer. Winter and spring school breaks will be divided [describe]. Summer parenting time will be [describe, for example alternating weeks or an extended block for each parent], with written notice of vacation dates by [DATE] each year.
Exchanges and transportation. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Communication. The children may contact either parent by phone or video call during reasonable hours. The parents will share information about the children's health, school, and activities, and will keep each other informed of their current address and phone number.
Relocation. A parent who intends to move the children's residence a significant distance will give the other parent written notice at least [NUMBER] days before the planned move, so the parents can discuss the change or, if needed, ask the court to review parenting time.
Dispute resolution. If a disagreement arises about this plan, the parents will first try to resolve it between themselves and, if that does not work, return to court.

This parenting plan is subject to court approval. For the purpose of parental rights and responsibilities, the best interests and welfare of the child is determined by the court's consideration of all factors affecting the child (North Dakota Century Code Section 14-09-06.2). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

North Dakota Requirements for Parenting Plan

Parental Rights and Responsibilities
North Dakota does not use custody as its operative term. A court allocates parental rights and responsibilities, all the rights and responsibilities a parent has concerning the parent's child, made up of decision-making responsibility and residential responsibility (North Dakota Century Code Section 14-09-00.1).
Decision-Making and Residential Responsibility
In North Dakota, decision-making responsibility is the responsibility to make decisions concerning the child, and residential responsibility is a parent's responsibility to provide a home for the child. Parenting time is the time when the child is to be in the care of a parent (North Dakota Century Code Section 14-09-00.1).
Best Interests and Welfare Standard
In North Dakota, for the purpose of parental rights and responsibilities, the best interests and welfare of the child is determined by the court's consideration and evaluation of all factors affecting the best interests and welfare of the child (North Dakota Century Code Section 14-09-06.2).
Allocation Set by Court Order
North Dakota allocates parental rights and responsibilities, including decision-making responsibility, residential responsibility, and parenting time, inside the court's order (North Dakota Century Code Sections 14-09-00.1 and 14-09-06.2). A clear written plan shows the court the arrangement the parents are asking it to adopt.
Decision-Making Responsibility in the Plan
Your parenting plan should state whether decision-making responsibility is joint or held by one parent and how the parents will make major decisions about the children's education, health care, and religious upbringing. Decision-making responsibility in North Dakota is the responsibility to make decisions concerning the child (North Dakota Century Code Section 14-09-00.1).
Residential Responsibility and Parenting Time
Your plan should describe residential responsibility, where the children primarily live, and the parenting-time schedule: the regular weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. Parenting time is the time when the child is to be in the care of a parent (North Dakota Century Code Section 14-09-00.1).
Where It Is Decided in North Dakota
In North Dakota, parental rights and responsibilities are decided by the district court in the county where the case is filed, as part of a divorce or a separate proceeding. The court sets decision-making responsibility, residential responsibility, and parenting time inside its order (North Dakota Century Code Section 14-09-06.2).
Court Approval
A North Dakota parenting plan takes effect only when the court approves it. If the court finds the arrangement the parents propose serves the best interests and welfare of the child, it adopts the plan into its order allocating parental rights and responsibilities (North Dakota Century Code Section 14-09-06.2).

Find out where you stand in North Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

North Dakota Requirements for Parenting Plan

Parental Rights and Responsibilities

Decision-Making and Residential Responsibility

Best Interests and Welfare Standard

Allocation Set by Court Order

Decision-Making Responsibility in the Plan

Residential Responsibility and Parenting Time

Where It Is Decided in North Dakota

Court Approval

Frequently Asked Questions