A long-distance parenting plan in North Dakota is a court-approved schedule under N.D.C.C. § 14-09-06.2 that structures parenting time when parents live far apart. It concentrates time into extended summer, holiday, and school-break blocks and adds virtual visitation. North Dakota charges a $160 filing fee and requires six months of residency before a final decree.
Key Facts: North Dakota Parenting Plans at a Glance
| Item | North Dakota Rule |
|---|---|
| Filing Fee | $160 to the district court clerk (as of August 2026; verify with your local clerk) |
| Waiting Period | No mandatory statutory waiting period for divorce |
| Residency Requirement | Six consecutive months before a final decree (N.D.C.C. § 14-05-17) |
| Grounds | No-fault (irreconcilable differences) plus fault grounds (N.D.C.C. § 14-05-03) |
| Property Division Type | Equitable distribution (N.D.C.C. § 14-05-24) |
| Custody Term | "Residential responsibility" (since 2009) |
| Visitation Term | "Parenting time" |
| Best-Interest Factors | 13 factors (N.D.C.C. § 14-09-06.2) |
| Relocation Notice | 60 days written notice (N.D.C.C. § 14-09-07) |
What Is a Long-Distance Parenting Plan in North Dakota?
A long-distance parenting plan in North Dakota is a written, court-approved parenting schedule for parents separated by significant distance—typically more than 150 miles or a state line—governed by N.D.C.C. § 14-09-06.2. Instead of alternating weekly exchanges, it allocates most parenting time to summers, holidays, and school breaks, and requires a virtual visitation clause.
North Dakota changed its custody vocabulary in 2009. The statutes now use "residential responsibility" instead of "custody" and "parenting time" instead of "visitation," while "decision-making responsibility" replaces "legal custody" under N.D.C.C. § 14-09-00.1. A long distance parenting plan North Dakota families rely on must therefore address three separate questions: where the child primarily lives, how much parenting time the out of state parent receives, and who makes major decisions about school, medical care, and religion.
The plan is not optional paperwork. North Dakota courts require every custody judgment to include a parenting plan, and when one parent lives far away, the plan must translate abstract "reasonable parenting time" into concrete dates, travel duties, and communication rules. A well-drafted plan reduces conflict because both parents can read the same document and know exactly which parent has the child on any given weekend, holiday, or summer week.
How North Dakota Law Governs Parenting Time Across Distance
North Dakota law presumes that a child benefits from frequent and continuing contact with both parents, and courts apply the 13 best-interest factors in N.D.C.C. § 14-09-06.2 to every parenting-time decision. When parents live far apart, the court does not reduce the total quantity of contact so much as reshape it into fewer, longer visits supported by remote parenting tools.
The governing factors include the emotional ties between each parent and child, each parent's capacity to provide guidance and stability, the child's developmental needs, the permanence of the proposed home, the moral fitness of each parent, and any history of domestic violence. Factor (j) specifically directs the court to weigh evidence of domestic violence, which can override the usual preference for shared arrangements. In a long-distance case, the court also examines the practical willingness of each parent to foster a relationship with the other—a parent who blocks phone calls or badmouths the out of state parent risks losing credibility.
North Dakota does not automatically favor mothers or fathers. Decision-making responsibility is frequently ordered jointly even when one parent has primary residential responsibility, because shared decision-making keeps both parents engaged. To understand how these factors apply to living arrangements generally, review our overview of child custody arrangements. The court's north star remains the child's best interests, not the logistical convenience of either adult.
Building the Long-Distance Parenting Plan: Required Components
Every North Dakota parenting plan must address a statutory checklist, and long-distance plans expand several items. Under N.D.C.C. § 14-09-30, a parenting plan must cover decision-making responsibility, information sharing, residential arrangements, transportation and exchange logistics, and a method for resolving disputes. Distance turns each of these from a sentence into a detailed protocol.
A complete long-distance plan should specify the following elements:
- Primary residence and school enrollment, naming the county and school district where the child is registered
- A parenting-time calendar built around the school year, with the out of state parent typically receiving most of summer break, alternating major holidays, and every extended school recess
- Virtual visitation terms setting the days, times, and platforms for video calls (FaceTime custody time, video chat, and phone contact)
- Transportation responsibilities, including who books flights, who accompanies a young child, and how travel costs are divided
- A decision-making section stating whether education, medical, and religious choices are joint or sole
- Information-sharing rules so the distant parent receives report cards, medical records, and activity schedules directly
- A dispute-resolution clause requiring mediation before either parent returns to court
Because a long distance parenting plan North Dakota judges will approve must be specific enough to enforce, avoid vague phrases like "reasonable phone contact." Instead, write "video call every Tuesday and Sunday at 7:00 p.m. Central Time, minimum 20 minutes." Precise numbers prevent the recurring disputes that vague plans invite. Consider mapping your proposed schedule with our parenting time calculator before you file.
Virtual Visitation and Electronic Communication
North Dakota courts routinely order virtual visitation—scheduled video calls, phone contact, and messaging—as a core component of long-distance plans, and judges treat electronic communication as a supplement to in-person parenting time, never a replacement. A typical order guarantees the out of state parent at least two to three video sessions per week of 15 to 30 minutes each.
Virtual visitation matters most for younger children who cannot travel alone and for the long stretches between in-person visits. FaceTime custody arrangements let a distant parent read a bedtime story, review homework, or simply stay a daily presence in the child's life. To make remote parenting enforceable, the plan should name the platform (FaceTime, Zoom, Google Meet, or phone), the local time zone for scheduling, the minimum duration, and the parent responsible for having the child available and the device charged.
North Dakota law does not set a fixed statutory minimum number of video calls, so the frequency is negotiated or set by the judge under the best-interest analysis of N.D.C.C. § 14-09-06.2. Courts expect the residential parent to actively facilitate this contact—failing to answer scheduled calls or repeatedly "forgetting" them can support a later modification. A parent seeking generous virtual visitation should document proposed times in the plan itself rather than leaving it to good will. When both parents honor the video schedule, in-person visits feel less like reunions with a stranger and more like continuations of an ongoing relationship.
Travel, Transportation, and Exchange Logistics
Travel arrangements are the most litigated part of long-distance plans, so a North Dakota parenting plan should assign transportation duties and costs with mathematical clarity. Because North Dakota's population centers—Fargo, Bismarck, Grand Forks, and Minot—are far from many out-of-state destinations, a single round-trip flight for an unaccompanied minor can cost $300 to $700, and plans commonly split these costs 50/50 or in proportion to income.
The plan should answer several concrete questions. Who books the tickets and by when? Which parent drives to the airport, and does the receiving parent handle return travel? At what age may the child fly as an unaccompanied minor, and who pays the airline's unaccompanied-minor fee, which typically runs $100 to $150 each way? For drivable distances, plans often designate a halfway meeting point—for example, a specific exit off Interstate 94—to divide the driving burden evenly.
Courts favor arrangements that minimize the child's total travel stress. A distant parent who covers the majority of transportation costs demonstrates commitment to the relationship, which the court views favorably under the best-interest factors. The comparison below shows how a standard in-state schedule differs from a long-distance schedule for a school-age child.
| Feature | Standard In-State Plan | Long-Distance Plan |
|---|---|---|
| Weekday overnights | Alternating weeks or midweek visits | None during school year |
| Weekends | Every other weekend | Occasional, when travel allows |
| Summer break | Split or alternating weeks | 4 to 8 continuous weeks with distant parent |
| Major holidays | Alternated yearly | Alternated yearly, often extended |
| Virtual visitation | Optional | Required, 2 to 3 sessions weekly |
| Travel cost sharing | Minimal | Explicit split, often 50/50 or income-based |
Relocation: Moving Out of State With a Child
A North Dakota parent with primary residential responsibility cannot move the child out of state without either the other parent's written consent or a court order under N.D.C.C. § 14-09-07. The moving parent must provide at least 60 days advance written notice, and if the other parent objects, the relocating parent must obtain court permission before leaving with the child.
When relocation is contested, North Dakota courts apply the four-factor Stout-Hawkinson test: (1) the prospective advantages of the move for the child and the custodial parent, including economic and educational gains; (2) the integrity of the moving parent's motives; (3) the integrity of the non-moving parent's motives in opposing the move; and (4) the potential negative impact on the relationship between the child and the non-custodial parent, including whether a realistic long-distance schedule can preserve that bond. This last factor is precisely where a well-drafted long-distance parenting plan becomes decisive—courts are far more likely to approve a move when the relocating parent proposes a concrete plan protecting the out of state parent's time.
A violation of the relocation statute carries real consequences. Moving a child out of state without notice or permission can be treated as a change in circumstances supporting a modification, and in some cases the court may order the child returned. If you are contemplating a move or facing one, start by mapping your options with a personalized divorce roadmap, and understand that the 60-day notice clock is a strict legal deadline, not a courtesy.
How Courts Decide Parenting Time When Parents Live Far Apart
When parents live in different states, North Dakota courts still anchor every decision in the child's best interests under N.D.C.C. § 14-09-06.2, but they weigh continuity, school stability, and the feasibility of travel more heavily. Judges aim to preserve a meaningful relationship with the distant parent by front-loading extended summer and holiday time rather than fragmenting contact into impractical weekend trips.
The court examines the child's age closely. Infants and toddlers generally need shorter, more frequent contact and heavy virtual visitation, because long separations are harder on very young children and cross-country solo travel is not feasible. School-age children can typically manage multi-week summer stays and holiday travel as unaccompanied minors. Teenagers' reasonable preferences carry weight, and courts will consider a mature adolescent's stated wishes about how to divide time between two distant homes.
Jurisdiction is a separate and critical question. North Dakota follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) at N.D.C.C. Chapter 14-14.1, which fixes the child's "home state"—generally where the child lived for the six months before the case—as the state with authority to decide custody. Understanding decision-making responsibility and home-state jurisdiction prevents parents from filing competing cases in two states. When the parents live in different states, the UCCJEA determines which court speaks first, and North Dakota courts will decline to act if another state is properly the home state.
Cost Breakdown and Filing Logistics in North Dakota
Filing a custody or divorce case in North Dakota costs $160 in district court filing fees as of August 2026, and long-distance arrangements add recurring travel expenses that structured parenting plans must allocate. The $160 fee represents the first increase since 1995, when the fee was $80; verify the current amount with your local clerk before filing.
Beyond the filing fee, parents should budget for the practical costs unique to long-distance parenting. The table below estimates common expenses, though actual figures vary by distance and airline.
| Expense | Typical Range (2026) |
|---|---|
| District court filing fee | $160 (verify with clerk) |
| Round-trip minor airfare | $300 to $700 per trip |
| Unaccompanied-minor airline fee | $100 to $150 each way |
| Mediation (if required) | $100 to $300 per hour |
| Attorney consultation | Varies; many offer initial consultations |
Parents who cannot afford the filing fee may apply for a fee waiver by submitting an application to proceed in forma pauperis, which the court grants based on income and household size. If children are involved, a child support order usually accompanies the parenting plan; you can estimate obligations with our child support calculator. Because long-distance travel costs can be significant, some parents negotiate an offset—reducing the child support figure to account for the distant parent's travel spending—though the court must approve any deviation from the guideline amount. Self-help resources and forms are available through the North Dakota Court System at ndcourts.gov, and parents who face a contested case should consider whether to find a divorce attorney to protect their parenting time.
Modifying a Long-Distance Parenting Plan
A North Dakota parent can modify a long-distance parenting plan, but the legal standard tightens over time under N.D.C.C. § 14-09-06.6. To change primary residential responsibility, the moving parent must prove both a material change in circumstances since the last order and that modification serves the child's best interests. Parenting-time schedules (as opposed to primary residence) are somewhat easier to adjust.
North Dakota imposes a two-year rule: a court generally will not consider a motion to modify primary residential responsibility within two years of the prior order, except in limited situations such as persistent denial of parenting time, environmental danger to the child, or a change agreed to by the parents. This two-year cooling-off period exists to give children stability and to discourage repeat litigation. After two years, the ordinary material-change standard applies.
Common triggers for modifying a long-distance plan include a parent relocating closer or farther away, a child aging into an ability to travel alone, a change in school schedules, or one parent repeatedly frustrating virtual visitation. To modify, the parent files a motion with the district court, serves the other parent, and—if a prima facie case is established—proceeds to an evidentiary hearing. Because modification standards are strict and fact-intensive, parents should document the change in circumstances carefully. Reviewing the best interests of the child standard before filing helps parents frame a motion the court can grant rather than dismiss at the threshold stage.