Either parent may file a petition to modify a child custody order—but usually only when there is a substantial change in circumstances that affects the child (including changes in one or both of the parents’ lives) that justifies the court revisiting and possibly modifying the earlier child custody order.
The petition to modify child custody generally must be filed in the same court in which the parents’ divorce case was decided. But if the child lives in a different county or state, the courts of the county or state where the child lives may be the proper place to file a petition to modify a child custody order.
In North Dakota, either parent has the right to petition the court to modify a child custody order. This can be done if there is a substantial change in circumstances that significantly affects the child's well-being. Such changes could include alterations in the living situation, employment, health, or other significant aspects of the life of either parent or the child. The request for modification must typically be filed in the same court where the original divorce and custody decisions were made. However, if the child has since moved to a different county or state, the petition may need to be filed in the jurisdiction where the child currently resides. The court will consider the best interests of the child when deciding whether to grant a modification to the custody order.