Agreement for Primary Residential and Sole Decision-Making Responsibility

AGREEMENT FOR PRIMARY RESIDENTIAL AND SOLE DECISION-MAKING RESPONSIBILITY

Pursuant to N.D.C.C. §§ 14-09-00.1, 14-09-06.2

STATE OF NORTH DAKOTA
IN DISTRICT COURT, [____] JUDICIAL DISTRICT
[________________________________] COUNTY

In the Matter of the Parental Rights
and Responsibilities Concerning:

[________________________________], Child(ren)

Case No.: [________________________________]

[________________________________], Residential Parent
and
[________________________________], Non-Residential Parent

NORTH DAKOTA TERMINOLOGY: North Dakota eliminated the terms "sole custody," "physical custody," and "legal custody" in 2009. Under N.D.C.C. § 14-09-00.1:
- "Primary residential responsibility" means one parent is responsible for more than fifty percent of the residential responsibility and physical care of the child (replaces "sole physical custody")
- "Sole decision-making responsibility" means one parent has exclusive authority to make major decisions concerning the child (replaces "sole legal custody")
- "Parenting time" means the time during which a parent is responsible for the physical care of a child (replaces "visitation")

ARTICLE I — PARTIES AND CHILDREN

1.1 Residential Parent

Name: [________________________________]
Address: [________________________________], North Dakota [____]
County: [________________________________]
Judicial District: [________________________________]
Phone: [________________________________]
Email: [________________________________]

1.2 Non-Residential Parent

Name: [________________________________]
Address: [________________________________]
County: [________________________________], State: [________________________________]
Phone: [________________________________]
Email: [________________________________]

1.3 Children

1.4 Basis for Primary Residential and Sole Decision-Making Arrangement

The parents stipulate that primary residential responsibility with the Residential Parent and sole decision-making responsibility serve the best interests of the child(ren) based on the following circumstances (select all that apply):

☐ Geographic distance between parents' residences prevents equal residential responsibility
☐ Non-Residential Parent's work schedule (e.g., oilfield work, military deployment, long-haul transportation) is incompatible with equal residential time
☐ History of domestic violence as defined by N.D.C.C. § 14-07.1-01 (see Article IX)
☐ Substance abuse history of the Non-Residential Parent
☐ Incarceration of the Non-Residential Parent
☐ The parents are unable to communicate and cooperate effectively regarding major decisions
☐ The child(ren)'s established routine, school enrollment, and community ties favor primary residence with the Residential Parent
☐ Other: [________________________________]

ARTICLE II — PRIMARY RESIDENTIAL RESPONSIBILITY

2.1 Designation

Pursuant to N.D.C.C. § 14-09-00.1(5), [________________________________] ("Residential Parent") shall have primary residential responsibility for the child(ren). The child(ren) shall reside primarily with the Residential Parent at:

Address: [________________________________]
School District: [________________________________]

2.2 Residential Parent's Authority

The Residential Parent shall provide the child(ren)'s primary home and make all day-to-day decisions regarding the child(ren)'s care, routines, discipline, meals, homework, hygiene, and daily activities during residential time.

ARTICLE III — SOLE DECISION-MAKING RESPONSIBILITY

3.1 Designation

[________________________________] ("Residential Parent") shall have sole decision-making responsibility for the child(ren) pursuant to N.D.C.C. § 14-09-00.1(2). The Residential Parent has exclusive authority to make all major decisions regarding:

(a) Education — school enrollment, school changes, special education (IEP/504 Plan), tutoring, and educational support services
(b) Medical care — selection of healthcare providers, non-emergency treatment, medications, and surgical procedures
(c) Dental and vision care
(d) Mental health — counseling, therapy, psychiatric treatment, and medication
(e) Religious upbringing and instruction
(f) Extracurricular activities and sports enrollment
(g) Travel — domestic and international
(h) Legal matters involving the child(ren)

3.2 Consultation with Non-Residential Parent

☐ Consultation encouraged but not required: The Residential Parent may, but is not obligated to, consult the Non-Residential Parent before making major decisions.

☐ Consultation required, final authority with Residential Parent: The Residential Parent shall make reasonable efforts to consult the Non-Residential Parent before making major decisions. However, if the parents disagree or the Non-Residential Parent does not respond within seven (7) days, the Residential Parent shall have final decision-making authority.

☐ Limited joint decision-making on specified topics: Although the Residential Parent has sole decision-making responsibility generally, the following specific decisions require mutual agreement:

[________________________________]

3.3 Emergency Decisions

Either parent may make emergency medical, dental, or safety decisions when the child(ren) are in that parent's care without prior consultation. The deciding parent shall notify the other parent within twenty-four (24) hours.

ARTICLE IV — NON-RESIDENTIAL PARENT'S PARENTING TIME

4.1 Parenting Time Schedule

The Non-Residential Parent shall have parenting time with the child(ren) as follows:

Select one option or specify a custom schedule:

☐ Option A — Standard Parenting Time

• Alternating weekends: Friday at [____] PM to Sunday at [____] PM
• One midweek visit: [Day] from [____] PM to [____] PM
• Extended summer: Two (2) non-consecutive weeks with at least thirty (30) days' advance written notice

☐ Option B — Expanded Parenting Time

• Alternating weekends: Friday after school to Monday morning school drop-off
• Two (2) midweek overnights: [Days] after school to next morning school drop-off
• Extended summer: Four (4) weeks (may be consecutive or divided) with at least sixty (60) days' advance written notice

☐ Option C — Long-Distance Parenting Time (for parents residing more than 100 miles apart)

• One (1) weekend per month: Friday at [____] PM to Sunday at [____] PM (or as travel allows)
• Extended school breaks: Alternating spring break and portions of winter break
• Extended summer: [____] consecutive weeks
• Daily phone/video contact at [____] PM for up to [____] minutes
• Transportation: [________________________________]

☐ Option D — Supervised Parenting Time (when safety concerns exist)

• Frequency: [________________________________]
• Location: ☐ Supervised visitation center ☐ In presence of: [________________________________]
• Supervisor: [________________________________]
• Conditions: [________________________________]
• Review: Supervision requirements shall be reviewed every [____] months. The Non-Residential Parent may petition for modification upon demonstrating: [________________________________]

☐ Option E — Custom Schedule
[________________________________]
[________________________________]

4.2 Holiday Schedule

Holiday parenting time takes priority over the regular schedule.

4.3 Exchanges

• Location: ☐ Residential Parent's home ☐ Non-Residential Parent's home ☐ School ☐ Neutral location: [________________________________]
• Transportation: ☐ Non-Residential Parent responsible for pick-up and drop-off ☐ Parents share equally ☐ Other: [________________________________]
• Conduct: Exchanges shall occur peacefully and on time. Neither parent shall use exchange times to discuss disputes or serve legal papers.

4.4 North Dakota Weather Provision

If the National Weather Service issues a blizzard warning, ice storm warning, or wind chill advisory below minus thirty-five degrees Fahrenheit (-35°F) for the exchange route, the exchange may be postponed. The parent with the child(ren) shall retain responsibility until travel is safe. Make-up parenting time shall be provided within fourteen (14) days.

4.5 Make-Up Parenting Time

If the Non-Residential Parent's parenting time is missed for any reason beyond that parent's control, the Non-Residential Parent shall receive make-up time of equal duration within thirty (30) days, at a time mutually agreed upon or as ordered by the Court.

4.6 Cancellation and No-Show

The Non-Residential Parent shall provide at least twenty-four (24) hours' notice if unable to exercise scheduled parenting time, except in emergencies. A pattern of failing to exercise scheduled parenting time may be considered by the Court in any future modification proceeding.

ARTICLE V — COMMUNICATION AND INFORMATION SHARING

5.1 Parent-Child Communication

The Residential Parent shall facilitate reasonable communication between the child(ren) and the Non-Residential Parent, including:

• Phone/video calls: ☐ Daily at [____] ☐ Every other day ☐ [____] times per week
• Maximum duration: [____] minutes per call (or age-appropriate)
• The Residential Parent shall not monitor, record, or interfere with these communications.

5.2 Communication Between Parents

Parents shall communicate regarding the child(ren) through: [________________________________]
(Recommended: email, OurFamilyWizard, or similar documented platform)

Communication shall be respectful, child-focused, and limited to matters concerning the child(ren).

5.3 Information and Records Access

The Non-Residential Parent shall have independent access to all records concerning the child(ren), including:

• School records, report cards, and attendance records
• Medical, dental, and mental health records
• Extracurricular activity information

The Residential Parent shall:

• Provide copies of report cards within seven (7) days of receipt
• Notify the Non-Residential Parent of parent-teacher conferences, school events, and medical appointments with sufficient advance notice for attendance
• Notify the Non-Residential Parent within twenty-four (24) hours of any emergency, serious illness, injury, or hospitalization

Both parents shall be listed as emergency contacts and authorized persons at the child(ren)'s school, healthcare providers, and activity programs.

5.4 Notification of Significant Events

The Residential Parent shall promptly notify the Non-Residential Parent of:

• Any change of address, phone number, or email
• Any new person residing in the household
• Any contact with law enforcement or child protective services regarding the child(ren)
• Any significant change in the child(ren)'s health, behavior, or school performance
• Any proposed change of school or school district

ARTICLE VI — RELOCATION — N.D.C.C. § 14-09-07

6.1 Sixty-Day Written Notice

The Residential Parent shall provide at least sixty (60) days advance written notice to the Non-Residential Parent before relocating with the child(ren).

6.2 Contents of Notice

The notice shall include:
(a) The proposed new address and phone number
(b) The intended move date
(c) The reason for relocation
(d) A proposed revised parenting time schedule

6.3 Out-of-State Relocation

Relocation of the child(ren) outside North Dakota requires either:
(a) Written consent of the Non-Residential Parent; or
(b) A court order from the North Dakota District Court after considering the best interests factors.

Statutory exceptions (N.D.C.C. § 14-09-07): A court order is not required if the Non-Residential Parent: (1) has not exercised parenting time for one year; or (2) has moved to another state and resides more than 50 miles from the Residential Parent.

6.4 In-State Relocation

In-state relocation more than [____] miles from the current residence requires sixty (60) days' notice and a proposed revised parenting time schedule. If the parents cannot agree on a revised schedule, either may petition the District Court.

ARTICLE VII — DISPUTE RESOLUTION

7.1 Mediation — N.D.C.C. Ch. 14-09.1

Before filing any motion with the District Court (except in emergencies or cases involving domestic violence), the parents shall participate in mediation. The mediator shall be selected by mutual agreement or appointed by the Court. Mediation costs shall be:

Parent A: [____]% / Parent B: [____]%

7.2 Parenting Coordinator — N.D.R.Ct. 8.11

☐ The parties consent to the appointment of a parenting coordinator to resolve disputes regarding implementation of this Agreement.
Name: [________________________________]
Cost allocation: Residential Parent [____]% / Non-Residential Parent [____]%

☐ No parenting coordinator at this time.

7.3 Court Jurisdiction

The District Court of the [________________________________] Judicial District, [________________________________] County, North Dakota, retains continuing, exclusive jurisdiction under the UCCJEA (N.D.C.C. Ch. 14-14.1).

7.4 Attorneys' Fees

In any enforcement proceeding, the Court may award reasonable attorneys' fees and costs to the prevailing party.

ARTICLE VIII — CHILD-REARING PROVISIONS

8.1 Healthcare

• Health insurance shall be maintained by: [________________________________]
• Primary care physician: [________________________________]
• Unreimbursed medical expenses: Parent A [____]% / Parent B [____]%
• Each parent shall administer prescribed medications during their parenting time.

8.2 Substance Use Restrictions

Neither parent shall consume alcohol to impairment or use controlled substances without a valid prescription during parenting time or within twelve (12) hours before parenting time. Neither parent shall operate a vehicle with the child(ren) while impaired.

8.3 Firearms Safety

All firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

8.4 Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent, the other parent's family, or household members in the child(ren)'s presence or hearing. Neither parent shall encourage or permit others to do so.

8.5 Parental Alienation

Neither parent shall engage in conduct designed to damage or interfere with the child(ren)'s relationship with the other parent. This includes but is not limited to discouraging contact, sharing inappropriate details of litigation, or encouraging the child(ren) to reject the other parent.

8.6 Introduction of New Partners

New romantic partners shall be introduced to the child(ren) gradually and only after the relationship has achieved reasonable stability.

8.7 Right of First Refusal

☐ If the Residential Parent is unavailable to personally care for the child(ren) for more than [____] consecutive hours, the Non-Residential Parent shall be offered the first opportunity to provide care before third-party childcare is arranged.

☐ Not applicable.

ARTICLE IX — DOMESTIC VIOLENCE PROVISIONS

9.1 Domestic Violence History

☐ There is no history of domestic violence between the parties.

☐ There is a history or allegation of domestic violence. The following provisions apply pursuant to N.D.C.C. § 14-09-06.2(1)(j) and N.D.C.C. § 14-07.1-01 et seq.:

Rebuttable Presumption: Under North Dakota law, if a parent has perpetrated domestic violence, there is a rebuttable presumption that the perpetrating parent should not be awarded residential responsibility. This presumption may be rebutted by clear and convincing evidence that it is in the child(ren)'s best interests.

Protective Provisions (select all that apply):

☐ Exchanges shall occur at a public location or through a third-party intermediary: [________________________________]
☐ Parenting time shall be supervised by: [________________________________]
☐ The Non-Residential Parent shall complete a domestic violence intervention program before unsupervised parenting time
☐ No contact between the parents except through [________________________________]
☐ A protection order is in effect: Case No. [________________________________], issued [__/__/____], expiring [__/__/____]
☐ Mediation is waived due to domestic violence (N.D.C.C. § 14-09.1-02)
☐ The Non-Residential Parent shall not possess firearms during parenting time
☐ Other: [________________________________]

ARTICLE X — TRIBAL JURISDICTION

☐ ICWA does not apply.

☐ One or more child(ren) are enrolled or eligible for enrollment in a federally recognized Indian tribe. The Indian Child Welfare Act (25 U.S.C. § 1901 et seq.) and N.D.C.C. Ch. 27-20.2 may apply. North Dakota has five federally recognized tribes: Standing Rock Sioux Tribe, Turtle Mountain Band of Chippewa Indians, Three Affiliated Tribes (MHA Nation), Spirit Lake Tribe, and Sisseton-Wahpeton Oyate.

Tribe(s) notified: [________________________________]
Tribal enrollment number(s): [________________________________]

ARTICLE XI — PARENTING EDUCATION

North Dakota District Courts require completion of a parenting education program in custody proceedings.

☐ Residential Parent completed on [__/__/____]. Provider: [________________________________]
☐ Non-Residential Parent completed on [__/__/____]. Provider: [________________________________]
☐ To be completed within [____] days of filing.

ARTICLE XII — MODIFICATION — N.D.C.C. § 14-09-06.6

12.1 Two-Year Stability Requirement

No motion to modify primary residential responsibility may be filed earlier than two (2) years after the date of entry of this Order, except under the limited exceptions of N.D.C.C. § 14-09-06.6(3).

12.2 Standard for Modification

After two years, the Court may modify primary residential responsibility upon finding:
(a) A material change in circumstances has occurred since the prior order, based on facts that have arisen since the order or were unknown to the Court at the time; and
(b) The modification is necessary to serve the best interests of the child(ren).

12.3 Modification of Parenting Time

Either parent may seek modification of the parenting time schedule upon showing a material change in circumstances, without the two-year waiting period applicable to primary residential responsibility.

ARTICLE XIII — GENERAL PROVISIONS

13.1 Governing Law: This Agreement is governed by the North Dakota Century Code, Title 14, Chapter 09.

13.2 Jurisdiction: The District Court, [________________________________] Judicial District, retains continuing, exclusive jurisdiction under the UCCJEA (N.D.C.C. Ch. 14-14.1).

13.3 Mandatory Parenting Plan: This Agreement constitutes the mandatory parenting plan required by N.D.C.C. § 14-09-06.2(3).

13.4 Severability: If any provision is unenforceable, the remaining provisions remain in effect.

13.5 Integration: This Agreement constitutes the entire understanding between the parents regarding parental rights and responsibilities.

13.6 Amendment: This Agreement may be modified only by written agreement filed with and approved by the Court, or by Court order.

13.7 Child Support: Child support obligations, if any, are addressed in a separate order calculated under the North Dakota Child Support Guidelines (N.D. Admin. Code Ch. 75-02-04.1) and are not affected by this Agreement except as the allocation of residential responsibility impacts the guideline calculation.

ARTICLE XIV — SIGNATURES

Residential Parent:
Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Non-Residential Parent:
Signature: _________________________________
Printed Name: [________________________________]
Date: [__/__/____]

Attorney for Residential Parent (if applicable):
Signature: _________________________________
Printed Name: [________________________________], ND Bar No. [____]
Date: [__/__/____]

Attorney for Non-Residential Parent (if applicable):
Signature: _________________________________
Printed Name: [________________________________], ND Bar No. [____]
Date: [__/__/____]

ORDER

The Court, having reviewed the foregoing Agreement for Primary Residential and Sole Decision-Making Responsibility, and having considered the thirteen best interest factors of N.D.C.C. § 14-09-06.2(1), finds:

1. This Agreement serves the best interests and welfare of the child(ren);
2. The allocation of primary residential responsibility and sole decision-making responsibility is appropriate under the circumstances presented;
3. The parenting time schedule provides reasonable and meaningful contact between the child(ren) and the Non-Residential Parent; and
4. The Agreement constitutes the mandatory parenting plan required by N.D.C.C. § 14-09-06.2(3).

The Agreement is APPROVED and ADOPTED as an Order of the Court.

Date: [__/__/____]

_________________________________
District Judge
[________________________________] Judicial District
[________________________________] County, North Dakota

SOURCES AND REFERENCES

• N.D.C.C. § 14-09-00.1 — Definitions (primary residential responsibility, decision-making responsibility, parenting time): ND Century Code Ch. 14-09
• N.D.C.C. § 14-09-06.2 — Best interests and welfare of child (13 factors, parenting plan mandate): Fremstad Law — ND Factors
• N.D.C.C. § 14-09-06.6 — Modification of primary residential responsibility (two-year rule): ND Courts — Modify Custody
• N.D.C.C. § 14-09-07 — Relocation (60-day notice): ND Courts — Relocating
• N.D.C.C. § 14-07.1-01 et seq. — Domestic violence definitions and protections
• N.D.C.C. Ch. 14-09.1 — Contested child proceedings mediation
• N.D.R.Ct. 8.11 — Parenting coordinator qualifications
• N.D.C.C. Ch. 14-14.1 — UCCJEA
• N.D.C.C. Ch. 27-20.2 — State ICWA codification
• N.D. Admin. Code Ch. 75-02-04.1 — Child support guidelines
• WomensLaw.org — ND Custody: womenslaw.org
• ND Courts — Establishing Custody: ndcourts.gov