N.D. Cent. Code § 14-09-31
14-09-31. Decisionmaking responsibility
14-09-31. Decisionmaking responsibility
Except as provided in subsection 3, in the making of any order relative to decisionmaking
responsibility:
1. If the parents have reached an agreement as to decisionmaking responsibility, the
court shall accept the agreement unless the court makes written findings that the
agreement is not in the best interests of the child.
2. If the parents cannot agree on an allocation of decisionmaking responsibility, the court
shall enter an order allocating decisionmaking responsibility in the best interests of the
child.
3. An allocation of decisionmaking responsibility is not in the best interests of the child
unless the order includes a method of resolving disputes when parents do not agree
on an issue.
4. If the court finds that domestic violence as defined in section 14-07.1-01 has occurred,
the court shall consider such domestic violence in determining whether joint
decisionmaking responsibility is in the best interests of the child. In such cases, the
court shall make orders for the allocation of parental rights and responsibilities that
best protect the child, the parent, or both. If joint decisionmaking responsibility is
granted, even though there is evidence of domestic violence, the court shall provide
written findings to support the order.