North Dakota Divorce with Children
Everything you need to know about divorce with children in North Dakota — custody types, child support guidelines, parenting plans, and protecting your children through the process. Updated for 2026.
Types of Custody in North Dakota
Legal Custody
The right to make major decisions about your child's education, healthcare, religion, and welfare.
Physical Custody
Determines where the child lives on a day-to-day basis and the parenting time schedule.
"Best Interests of the Child" Factors
North Dakota courts consider multiple factors when determining custody arrangements:
Create your parenting plan with guidance
Divorce.ai helps you build a comprehensive parenting plan that meets North Dakota court requirements.
Child Support in North Dakota
North Dakota uses a percentage-of-income model under N.D. Admin. Code 75-02-04.1. Only the noncustodial parent's net income is used in the base calculation. Adjustments are made for the number of children, parenting time (overnight totals), health insurance costs, and childcare expenses. A different formula applies for sole custody versus joint custody arrangements.
Official North Dakota child support calculator →Factors Considered
Additional Forms Required (Children)
| Form | Name |
|---|---|
| Parenting Plan | Parenting Plan / Custody Agreement |
| Child Support Guidelines Worksheet | Child Support Obligation Worksheet |
Protect your children through the process
Divorce.ai helps you create a child-focused parenting plan and prepares all custody-related North Dakota forms.
What Goes in a Parenting Plan?
A comprehensive parenting plan should cover:
Regular Parenting Schedule
Week-by-week schedule of where the child lives and when transitions occur.
Holiday & Vacation Schedule
How holidays, school breaks, and vacation time are divided between parents.
Decision-Making Authority
Who makes decisions about education, healthcare, extracurriculars, and religious upbringing.
Communication Rules
How the child communicates with the non-custodial parent (phone, video calls, etc.).
Transportation & Exchange
Who handles pickups/dropoffs and where exchanges occur.
Dispute Resolution
How disagreements about the parenting plan will be resolved (mediation first, then court).
Relocation Rules
Notice requirements and procedure if either parent wants to move.
Tips for Protecting Your Children During Divorce
Never speak negatively about the other parent in front of your children. It puts them in the middle and can harm your custody case.
Maintain routines. Keep school, activities, and daily routines as consistent as possible during the transition.
Communicate openly with your children in age-appropriate ways. Let them know the divorce is not their fault.
Consider counseling. A child therapist can help children process their emotions during this time.