Knock, Knock, It’s the Police: Know Your Rights

Mar 19, 2021 | Criminal

In North Dakota, custody orders—whether for equal residential responsibility (shared parenting time) or primary residential responsibility (when one parent has more than 50% of the parenting time)—are not easily modified.

Once a court has issued an order regarding residential responsibility, changing it requires a strong legal argument. Unless the parties agree to the changes, the parent seeking modification must file a written request to the court and prove their case.

What is the Burden?

The parent seeking modification must prove the following:

Material Change in Circumstances

There must be a significant change in the child’s environment or circumstances that justifies a review of the current custody arrangement. This can include:

- - A parent relocating
  - A child’s expressed preference to live with the other parent
  - A parent’s involvement in illegal activity or domestic violence
  - Changes in the health or safety of the child
  - A child’s development needs that the current arrangement does not adequately address

These changes must have occurred after the last court order was entered. Any facts or circumstances known prior to the order do not constitute a material change in circumstances.

Adverse Effects on the Child

A material change alone is not enough. A recent string of Supreme Court rulings has heightened this burden by requiring a demonstration that the child has experienced actual harm due to the current custody arrangement. This could include:

- - Disruption in the child’s daily routine or stability
  - Withdrawal or isolation
  - Behavioral problems
  - Decline in a child’s physical and/or mental health
  - Decline in the child’s academic performance or social relationships

A mere claim of sadness, anxiety, or other emotions without accompanying evidence of actual harm or detrimental effects on the child will not be enough to justify a modification. They must be supported by tangible, documented evidence, such as medical or school records, expert evaluations, or testimony from individuals with firsthand knowledge.

Modification is Necessary to Serve the Best Interests of the Child

Even after proving a material change and tangible harm to the child, the Court must still determine whether the modification is in the child’s best interest. North Dakota requires courts to consider several factors. For a more thorough analysis of what these 13 factors entail, check out our blog on the best interest factors: https://rosenquistlawoffice.com/blog/family-law/best-interest-of-the-child-factors/.

Conclusion

If you want to modify an existing order or have questions, having an experienced family law attorney at your side can be invaluable. Please get in touch with our office at +1 (701) 775-0654 or email us at lawinfo@rosenquistlawoffice.com to schedule a free consultation today.

*The information in this article and on this website is for informational purposes only. This information is not legal advice and should not be relied upon.

By Kerry Rosenquist |

Know Your Rights if the Police Come Knocking

When the police arrive at your door, it is helpful to know and understand your rights. Police officers are able to and will use the information you provide to them against you in court. When speaking with law enforcement, it is beneficial to stay calm and address the officers respectfully.

Do you have to answer the door?

The short answer is no, unless they have a warrant. If law enforcement arrives at your house without a warrant, you are protected under the law from having to answer the door or engage with them. You can tell them that you do not want to speak with them, and that if they want to come in they will need to obtain a warrant. During these discussions staying calm and being polite can help to deescalate the situation.

What should you do if the Police arrive at your residence?

Even if you have done nothing wrong, police presence can cause anxiety and nervousness. If you are aware of your rights, there is no need to feel nervous. You have the option to answer your door, and if you do so, it is important to treat the officers respectfully. You are also able to communicate through the door if that makes you more comfortable. This does not need to be a full conversation. If you are denying them entry, keep it short and polite. If they do have a warrant signed by a judge, you are obligated to let them in. Keep in mind that anything you say may be used against you later in the court of law if they gain access and subsequently arrest you. Stand to the side and stay silent if the police end up doing a search of the premises.

Should you consent to a search of your home?

Often times law-abiding individuals believe that they have done nothing wrong and that consenting to a search will prove that point. However, you do not have to consent to a police search of your home . Without consent, officers cannot legally enter your residence without a signed warrant from a judge. You do not gain anything by allowing the officers to search your home. Contrary to popular belief, saying no does not make you guilty. It simply shows that you know and are exercising your rights. If you allow entry and the officers find anything that may be illegal, you will be arrested, even if it was not what they were originally looking for (ex. If law enforcement came looking for illegal substances and saw a sawed-off shotgun laying on your coffee table and you are a convicted felon, you will be arrested for a felon in possession of a firearm).

Whether police officers enter your residence without your consent, by having a search warrant, or with your consent, you should contact an experienced criminal defense attorney before speaking to law enforcement again. If you believe your rights were violated, make sure to record every detail from the incident and get in contact with an attorney immediately.

Contact Rosenquist Law Office by phone: 701.775.0654 or by email: lawinfo@rosenquistlawoffice.com to set up a free consultation.

*The information contained in this article and on this website is for informational purposes only. This information is not legal advice and should not be relied upon as so.

Criminal