Bill > HB1242

This bill amends North Dakota's family law by introducing a new presumption in child custody cases that shared decisionmaking responsibility and shared residential responsibility is in the best interests of the child. The bill defines key terms such as "shared decisionmaking responsibility" (where parents make routine decisions separately during their parenting time and major decisions jointly) and "shared residential responsibility" (where each parent has the child for an approximately equal amount of time). The legislation establishes a rebuttable presumption in favor of shared custody, which can be overcome if the court finds that such an arrangement may harm the child, endanger the child's physical or emotional health, or is not feasible due to parents' circumstances. The bill also maintains strong protections against parents who have committed domestic violence or sexual abuse, stipulating that in such cases, the shared custody presumption does not apply, and the offending parent may be limited to supervised parenting time or prohibited from contact with the child. Additionally, in cases involving domestic violence, the bill mandates that the perpetrating parent pay court costs and legal fees unless doing so would cause undue financial hardship. The legislation aims to prioritize the child's best interests while providing a framework that encourages both parents' involvement in their child's life.

Justice

https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1242.html