About the Initiative
In response to the deteriorating situation of families in North Dakota, and with a desire to change the adversarial model of family law in our state, a group of dedicated volunteer citizens joined together and crafted the North Dakota Shared Parenting Initiative below.
It is our belief that North Dakotans never intended our state family courts to become a battle ground pitting good parents in ongoing conflict with children as the ‘prize’ to the winner of that conflict. There is a better way to manage the tragedy of family dissolution.
The current structure of our family courts provide few benefits to anyone other than the family law attorneys who generate significant fees from contested divorce and child custody cases. Many good parents, wanting to spare their children the trauma of court battles and knowing they cannot afford a court room fight, simply sign agreements that limit contact with their children.
There is a better way, help us by signing the initiative.
BALLOT TITLE
This initiated measure would add a new subdivision to subsection 1 of section 14-09-06.2 of the North Dakota Century Code providing that in divorce and legal separation cases, the court must grant joint legal and physical custody of any children if requested by either parent and neither one is found, by clear and convincing evidence, unfit or a danger to the children; generally, physical custody would be equal unless varied by written agreement of the parents.
Full Text of the Measure
IF MATERIAL IS UNDERSCORED, IT IS NEW MATERIAL WHICH IS BEING ADDED. IF MATERIAL IS OVERSTRUCK BY DASHES, THE MATERIAL IS BEING DELETED. IF NO MATERIAL IS UNDERSCORED OR OVERSTRUCK, THE MEASURE CONTAINS ALL NEW MATERIAL WHICH IS BEING ADDED.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF NORTH DAKOTA:
A new subdivision n of subsection one of section 14-09-06.2 of the North Dakota Century Code is created and enacted as follows:
14-09-06.2(1)(n) Shared parenting – joint physical custody – equal physical custody.
It is the policy of this state that the courts shall award joint legal and joint physical custody in divorces and separations, when requested by either parent, if neither parent is found unfit or a danger to the children by clear and convincing evidence. The definition of Joint physical custody (equal physical custody) shall be a rebuttable presumption of equal time with the children; or any written time-sharing agreement agreed upon by the parents.
Sponsoring Committee Members:
Debora Vaagen (Chair)
1506 14 ½ Ave. E.
West Fargo, ND 58078
Dolores Laffen
6140 County Rd 14
Lankin, ND 58250
Carol A. Port
1715 5th Street SW
Minot, ND 58701
Dawn Nelson
27 5th Ave. NE
Lidgerwood, ND 58053
Arlene Sanderson
220 10th St. W.
Bottineau, ND 58318
Sheryl Olson-Walth
1827 N. 20th St.
Bismarck, ND 58501
Priscilla Schwarz
5 Rolling Hills Dr.
Minot, ND 58703
Allison Schwarz
5 Rolling Hills Dr.
Minot, ND 58703
Darlene Clark
410 Park St. W.
Lidgerwood, ND 58053
Connie Anderson
180 5th Ave. N.
Kindred, ND 58051
Partricia Luetzen
1108 11th St. SW
Minot, ND 58701
Cheryl Birkeland
Box 155
Bowbells, ND 58721
Jessica Schmidt
621 9th Ave. NE
Minot, ND 58703
Melissa D. Collins
335 W. Ingaes Ave.
Bismarck, ND 58504
Debra A. Luick
2629 Arrowhead Rd.
Fargo, ND 58103
Linda Halvorson
873 12th Ave. W.
West Fargo, ND 58078
Mary Gainsforth
925 2nd Ave. NW
Jamestown, ND 58401
Jacquelyn Ness
5516 15th St. S.
Fargo, ND 58104
Shirlene Schafer
304 E. Capitol Ave.
Bismarck, ND 58501
Julie Schafer
1512 S. 3rd St.
Bismarck, ND 58504
Linda M. Gullickson
310 11th St. NW
Mandan, ND 58554
Jennifer Jo. Mertz
617 N. 35th St.
Bismarck, ND 58501
Renee A. Kipp
2173 Schlossen Dr. N.
Mandan, ND 58554
Tera Tschosik
4229 Patriot Dr.
Bismarck, ND 58503
Mary Jo Blixt
3524 Elm St. N.
Fargo, ND 58102