North Dakota Code § 14-09-31

Decisionmaking responsibility
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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.

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