Agreement for Primary Residential and Sole Decision-Making Responsibility - North Dakota

AGREEMENT FOR PRIMARY RESIDENTIAL AND SOLE DECISION-MAKING RESPONSIBILITY

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

Drafting companion—not a standalone filing or order. Transfer the final
terms into the parenting-plan and settlement documents required for the
selected divorce, never-married-parent, modification, or contested posture.
Reconcile every related proposed finding, order, and judgment.

Child(ren): [________________________________]

NORTH DAKOTA TERMINOLOGY: This Agreement uses N.D.C.C. § 14-09-00.1:
- "Primary residential responsibility" means a parent with more than
fifty percent of the residential responsibility
- "Sole decisionmaking responsibility" is the allocation proposed below;
§ 14-09-00.1(1) defines decisionmaking responsibility generally
- "Parenting time" means the time when the child is to be in a parent's care

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
☐ Domestic-violence evidence or an existing protective order requires
case-specific analysis and safety terms (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(7), [________________________________] ("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 the proposed sole decisionmaking responsibility for the child(ren). 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 consult as follows, with final authority allocated as
stated: [________________________________]

☐ 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

Proposed emergency-decision authority and notice procedure:
[________________________________]

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 and 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 and notice: [________________________________]

☐ Option C — Long-Distance Parenting Time

• 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

☐ No special weather term is proposed.

☐ The parents propose this objective exchange-safety and make-up-time term:
[________________________________]

4.5 Make-Up Parenting Time

Proposed treatment of missed parenting time and any make-up schedule:
[________________________________]

4.6 Cancellation and No-Show

Proposed cancellation notice and emergency exception: [________________________________]

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 by: [________________________________]
• Notify the Non-Residential Parent of parent-teacher conferences, school events, and medical appointments with sufficient advance notice for attendance
• Inform the other parent as soon as reasonably possible of a serious accident
  or serious illness for which the child receives health care treatment, with
  the information required by N.D.C.C. § 14-09-32(1)(d)

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 Out-of-State Residence Rule

If the Non-Residential Parent has parenting time under the decree, the Residential Parent may not change the child(ren)'s primary residence to another state without either:
(a) The Non-Residential Parent's consent; or
(b) A court order allowing the move.

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.

6.2 Advance Planning and Information

N.D.C.C. § 14-09-07 does not prescribe a fixed sixty-day notice period. Before a proposed out-of-state move, the Residential Parent shall seek any required consent or court order sufficiently in advance of the move and provide the following information when known:
(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 In-State Moves

Section 14-09-07 governs changing the child(ren)'s residence to another state; it does not create a statutory notice period or mileage threshold for an in-state move. If an in-state move would materially affect the parenting-time schedule, the parents shall attempt to agree on a revised schedule or seek appropriate relief from the District Court.

ARTICLE VII — DISPUTE RESOLUTION

7.1 Designated Process

For parenting-plan implementation disputes, select and define the process:

☐ Counseling ☐ Mediation ☐ Other: [________________________________]

• Notice method: [________________________________]
• Cost allocation: [________________________________]
• Emergency exception: [________________________________]
• Written record of resolution: [________________________________]

7.2 Court Jurisdiction

Initial and later jurisdiction must be established under the applicable
provisions of N.D.C.C. ch. 14-14.1; this Agreement does not declare jurisdiction
by consent.

7.3 Fees and Sanctions

A disputed enforcement, sanction, fee, or modification request must follow
current law and the entered judgment.

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

☐ No additional term is proposed.

☐ Proposed case-supported term: [________________________________]

8.3 Firearms Safety

☐ No additional term is proposed.

☐ Proposed case-supported term: [________________________________]

8.4 Non-Disparagement

Proposed child-focused communication term: [________________________________]

8.5 Parental Alienation

☐ No additional term is proposed.

☐ Proposed case-supported term: [________________________________]

8.6 Introduction of New Partners

☐ No additional term is proposed.

☐ Proposed case-supported term: [________________________________]

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. Record the evidence,
any existing order, the exact N.D.C.C. § 14-09-06.2(1)(j) analysis, and the
specific safety provisions requested: [________________________________]

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 [__/__/____]
☐ The Non-Residential Parent shall not possess firearms during parenting time
☐ Other: [________________________________]

ARTICLE X — PROCEEDING-SCOPE CHECK

If this agreement is part of a divorce proceeding, 25 U.S.C. § 1903(1)
expressly excludes an award of custody to one parent from its definition of an
ICWA child-custody proceeding. If the case instead includes foster-care,
termination, preadoptive, or adoptive-placement issues—or an out-of-state or
tribal order—stop and obtain case-specific jurisdictional review.

ARTICLE XI — PARENTING EDUCATION

Case-specific check: review the assigned court's orders and current local
requirements for any parenting-education direction before filing.

☐ 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

Unless the parties agree otherwise in writing or this Parenting Plan provides otherwise, 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 circumstances listed in N.D.C.C. § 14-09-06.6(3). The Court may approve a stipulated modification at any time if it is in the child(ren)'s best interests. N.D.C.C. § 14-09-06.6(7).

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

For a parenting-time-only or other change, identify the current governing
authority and procedure rather than importing the primary-responsibility test:
[________________________________]

ARTICLE XIII — GENERAL PROVISIONS

13.1 Governing Framework: The entered judgment and applicable North Dakota
law control.

13.2 Jurisdiction: Initial and later jurisdiction must be established under
the applicable provisions of N.D.C.C. ch. 14-14.1.

13.3 Mandatory Parenting Plan: This Agreement is intended to supply the parenting plan required by N.D.C.C. § 14-09-30, subject to Court approval and inclusion in the decree.

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

13.5 Related Documents: Identify the settlement, findings, order, judgment,
and other documents that must be read with this plan: [________________________________]

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: Reconcile this plan with the current child-support
calculator, financial materials, and proposed support terms required by the
selected case packet. This companion does not calculate or declare support.

ARTICLE XIV — EXECUTION AND ORDER CONTROL

Do not sign this drafting companion as a substitute for the current filing
document. Transfer the final terms into the parenting-plan form or pleading for
the selected case posture.

☐ Residential Parent's required signature and acknowledgment are complete.

☐ Non-Residential Parent's required signature and acknowledgment are complete.

☐ Any proposed findings/order and judgment remain unsigned for the court.

☐ The agreement remains proposed until the court includes it in the decree.

SOURCES AND REFERENCES

• N.D.C.C. ch. 14-09
• N.D.C.C. ch. 14-14.1
• ND Courts—Establishing Parenting Responsibility
• Current Exhibit A: Parenting Plan (Form 4)