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Child Custody Preference Age in North Dakota

North Dakota names no age; if the court finds by clear and convincing evidence that a child is mature enough to make a sound judgment, it may give the child's preference substantial weight.

Last checked . General information, not legal advice.

North Dakota at a glance

Age named in statute
No age named
Maturity, not age, is the test.
How the preference is weighed
Substantial weight if child shown mature
Maturity must be shown by clear and convincing evidence, and the court considers whether the preference was improperly influenced.
Preference can be decisive
No, one factor among many
The statute allows substantial weight but keeps it within the list of best interests factors.

Sources

Last checked

The rules in North Dakota

At what age does a child's custody preference count in North Dakota?

Age named in statute in North Dakota: No age named. Maturity, not age, is the test.

How do courts in North Dakota weigh a child's custody preference?

How the preference is weighed in North Dakota: Substantial weight if child shown mature. Maturity must be shown by clear and convincing evidence, and the court considers whether the preference was improperly influenced.

Can a child's preference decide custody in North Dakota?

No, one factor among many. Preference can be decisive in North Dakota: no, one factor among many. The statute allows substantial weight but keeps it within the list of best interests factors.

Where do the North Dakota child custody preference laws come from?

The rules above come from N.D. Cent. Code 14-09-06.2(1)(i). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.