I am currently 16 weeks pregnant, I have saved messages from the father mentioning that he wants to give up his rights as the father...Im not sure if the court is going to allow that. But Im wondering if there are usually arrangements that can be made where I would be allowed to move out of state if the court does grant him rights. Im also wondering if the father being physically and verbally abusive towards me would be enough cause for the father not to have visitation rights because I don't trust him with the child at anytime. Thank you.
Domestic Violence is typically what's called a "rebuttable presumption" to primary residential responsibility of a minor child in North Dakota. In most cases, it is a bar. Therefore, if you have proof that he has been physically violent toward you or anyone else in the household, it would be very difficult for him to get "custody". This doesn't necessarily mean that he would not be allowed visitation, however. The Court will judge what type of relationship with the father will be in the "best interests" of the child.
As for moving out of state, North Dakota requires a party to make a motion to move a child out of the jurisdiction and then requires the party requesting such a move to essentially show that the advantages to the child by the move will be outweighed by the loss of visitation and parenting time by the non-custodial parent.
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