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Modify Primary Residential Responsibility with an agreement

IMPORTANT: ND Legal Self Help Center staff and court employees and are not allowed to give legal advice and cannot help you complete these forms. If you are unsure how to proceed, you should consult an attorney.

To protect your rights, carefully read this information and any instructions to which you are referred.

You may use this packet of forms only if:

  1. You have a North Dakota State District Court judgment that established residential responsibility (custody) and parenting time (visitation); and
  2. You want the North Dakota State District Court to modify the judgment so that:
    • A judgment that currently awards shared or equal residential responsibility is modified to award one parent primary residential responsibility, or
    • A judgment that currently awards one parent primary residential responsibility is modified to award primary residential responsibility to the other parent; and
  3. There is no domestic violence protection order, disorderly conduct restraining order, or no contact order currently in effect regarding either parent; and
  4. You and the other parent are currently in contact with each other; and
  5. You and the other parent completely agree on all modifications to the North Dakota State District Court judgment, including the child support amount associated with the judgment; and
  6. Neither you nor the other parent is represented by a lawyer.

Forms in the packet in order of use (you will need ALL forms):

Instructions Read before completing any forms

  1. Stipulated Agreement
  2. Financial Affidavit
  3. Confidential Information Form
  4. Notice of Motion to Modify
  5. Motion to Modify
  6. Brief in Support of Motion to Modify
  7. Affidavit in Support of Motion to Modify
  8. Order to Amend Judgment (Proposed)
  9. Amended Judgment (Proposed)
  10. Admission of Service

 

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If you have a question relating to a case that is already filed please contact the clerk of court for the county.