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Legal Information: Northern Mariana Islands

Custody

Custody

Basic info and definitions

What types of custody are there?

A custody order generally addresses physical and legal custody. Physical custody is who the child will live with on a day-to-day basis.1 Legal custody is not specifically defined by CNMI law, although it is referred to in the statutes as well as in caselaw.2 In general, “legal custody” refers to the right to make important decisions about your child. This usually includes decisions about things like where your child goes to school, what kind of health care s/he receives, and what kind of religious training s/he gets.

1 8 CMC § 1603(i)
2 See 8 CMC § 1931; see also Villagomez v. Villagomez, Civil No. 99-0004 (NMI Super. Ct. May 23, 2001)

What is paternity?

Paternity is legal fatherhood. Once it is established,  it brings with it the rights, privileges, duties, and obligations of being a parent. If you and the other the parent weren’t married when your child was born, paternity may need to be established before or during a child support, custody, or visitation case.1

1 See 8 CMC §§ 1701; 1706

What is a power of attorney?

A power of attorney (“POA”) is a document that allows a third party to make important decisions on someone else’s behalf. The third party might be called the “attorney-in-fact” or the “agent.” If someone else is taking care of your child temporarily, you might choose to grant that person a POA so that s/he can make decisions for your child while your child is living with him/her.

However, a POA is not a court order. It does not actually give the agent any legal form of custody – only a judge can do that.

Do I need a custody order to file for child support?

Some people think they need to file for custody so they can get child support, but this is not necessarily true. A custody order will not automatically give you child support, and you may not need a custody order to file for child support. For information on filing for child support, you can contact the Office of the Attorney General’s Child Support Enforcement Division or talk to a lawyer.

Can I get custody as part of an order of protection?

You can ask for temporary custody when you file for an order of protection.1 At the hearing, the judge will decide whether or not to grant it. The judge can determine visitation at the hearing too. Temporary custody will last as long as the order of protection is in effect, which is usually up to one year.1

1 8 CMC § 1916(b)(7), (c)(1), (c)(2)

Should I start a court case to ask for supervised visitation?

If you’re worried about leaving your child alone with the abuser, you might think about asking a judge to order supervised visits. If you are already in court because the abuser filed a case, it might be worth asking for supervised visits if you have a good reason. It depends on your situation.

However, if there is no court case going on now, it’s a good idea to talk to a lawyer before you start a case to ask for supervised visits. Based on what is happening in your case, a custody lawyer can explain:

  • what you need to prove to get supervised visits; and
  • how long they might last.

Usually, supervised visits are only ordered for a short time. However, this may be different depending on where you live and who your judge is. The judge might ask a relative or another person known to either parent to be the supervisor. If the supervisor doesn’t report any big problems back to the judge, the visits might become unsupervised. At the end of a case, the other parent might get more frequent and longer visits than s/he had before you went into court. The other parent might even get some form of custody.

If your child is in immediate danger from the abuser, you may need to start a case to ask for custody and supervised visits to protect your child. To find out what is best for your situation, you can look for legal advice using our CNMI Finding a Lawyer page.

The custody process

How will a judge make a decision about custody?

The judge will decide who gets custody based on what s/he believes is in the best interest of the child.1 If the judge has found that the other parent committed domestic or family violence against you, s/he is required to consider it when making his/her decision.2 Go to Can a parent who committed violence get custody? for more information.

CNMI law does not list specific “best interest” factors for a judge to consider. Here are a few general examples of things some judges might take into account:

  • the emotional, social, moral, and educational needs of your child;
  • the home environments offered by each parent;
  • the relationship your child has with each parent;
  • your child’s wishes, if s/he is old enough and mature enough to give his/her preference; and
  • the mental stability of each parent, including any mental illness or drug use.

1 See 8 CMC §§ 1311; 1715(c)
2 8 CMC § 1932

Can a parent who committed violence get custody?

If the judge finds that the other parent committed domestic or family violence against you, s/he is required to consider the following things:

  • your child’s safety;
  • your safety; and
  • the abuser’s history of harming or threatening to harm other people.1

The judge will assume that it is not in your child’s best interest to be in the custody of an abusive parent. However, the abusive parent can present evidence to try to change the judge’s mind.2 This is called a “rebuttable presumption.”

For information about when an abuser can get visitation, go to Can a parent who committed violence get visitation?

Note: If you were absent or you had to move because of the domestic violence, the judge should not hold that against you.3

1 8 CMC § 1932(a)
2 8 CMC § 1931; 1933
3 8 CMC § 1932(b)

Can a parent who committed violence get visitation?

If the judge finds that you or your child are victims of domestic or family violence, s/he may only award visitation to the abuser if there is a way to ensure that you and your child will both be safe.1 The judge may choose to order any or all of the following protections:

  • exchanges of the child will be made in a safe place;
  • visits will be supervised by another person;
  • the abuser must cover any costs of the supervision;
  • the abuser cannot have or consume any alcohol or controlled substances during the visits and for 24 hours before a visit begins;
  • no overnight visits are allowed; or
  • any other protection necessary to ensure the safety of your child, you, or another family or household member.2

If visits will be supervised by a family or household member, the judge will establish conditions that must be followed during visits.3

For information about when an abuser can get custody, go to Can a parent who committed violence get custody?

1 8 CMC § 1935(a), (c)
2 8 CMC § 1935(b)
3 8 CMC § 1935(d)

Do I have to go to mediation if I am a victim of domestic or family violence?

If you have an order of protection against the other parent, the judge will not send you to mediation unless you agree to go.1

Even if you don’t have an order of protection, you still might not have to go to mediation. If you told the judge (“made an allegation”) about domestic or family violence, the judge can only refer you to mediation if all of the following things are true:

  1. both you and the abuser agree to mediation;
  2. the mediator is certified and trained in domestic violence or is recognized as qualified by the community; and
  3. you are allowed to bring a support person of your choice to mediation. Your support person could be an attorney, an advocate, or anyone else you prefer.1

In addition, the judge is allowed to refer you to counseling related to your status or behavior as a victim. However, the judge cannot force you to go.2

1 8 CMC § 1937
2 8 CMC § 1939

If the other parent took my child to the CNMI without my consent, can s/he then file for custody in the CNMI?

If you and your child live in another state or territory, a court in the CNMI might refuse to hear a custody case if you can prove that the other parent wrongfully took your child.1

If the other parent files in a CNMI court to modify a custody order issued by another state or territory, you will need to prove both of the following things to try to stop the modification:

  1. you are the person with custody rights according to the order from the other state or territory; and
  2. the other parent has improperly:
  • removed your child from your physical custody; or
  • refused to return the child after a scheduled visit.2

However, the CNMI court may still allow the modification case to proceed if it serves the child’s best interest.2

You will likely need to travel to the CNMI to prove all of this to the judge, and you may need to hire an attorney. However, if the judge agrees with you and dismisses the case, the other parent may be ordered to pay your expenses.3

1 8 CMC § 1609(a)
2 8 CMC § 1609(b)
3 8 CMC § 1609(c)

If a custody order is already in place, how can I get it changed?

Once an order has been entered, either parent can file a motion asking the court to change (modify) the order at any time.1 Although CNMI laws do not specifically say what the judge should consider when making a decision, many CNMI court cases (“caselaw”) have required proof that there has been a substantial change of circumstances since the original order was ­issued.2 

Here are a few examples of events that might be considered substantial changes of circumstances:

  • The other parent gets sent to jail or charged with child abuse or neglect;
  • You or the other parent want to move to another state or territory; or
  • Your child’s needs have changed in a big way.

If you can prove that the other parent has committed an act of domestic or family violence since the order was entered, that would also be considered a change of circumstances.3

1 8 CMC §§ 1311; 1718
2 See Villagomez v. Villagomez, Civil No. 99-0004 (NMI Super. Ct. May 23, 2001)
3 8 CMC § 1934

Steps to file for custody

Considerations before filing

Before you file for custody, you may consider making an out-of-court agreement with the other parent. Parents often have to be flexible about custody and visitation for the child’s benefit. Parents who fight for sole custody may be in court for months or even years. And they may still end up with some sort of joint custody order after a settlement or trial.

However, sometimes, parents need to file for custody because they can’t agree with the other parent. You may also need to file for custody if the other parent is keeping the child from you or if you fear for the child’s well-being. If the other parent has committed domestic violence against you, s/he may try to keep power and control over you through the child. When there has been domestic violence, joint custody usually isn’t a good option due to the power difference in the relationship between the parents.

Keep in mind that custody court cases can take a long time. Going through this process can be emotionally and financially draining, so please do what you can to take care of yourself. If you have experienced domestic violence, you may want to contact a local domestic violence organization. An advocate there may be able to support you and help you plan for your safety while in court.

You can watch our Custody, Visitation, and Child Support videos, where we explain legal concepts and the court process, to learn more about this topic. You can also read more about safety issues on the Safety Issues section of our Court System Basics page. 

In the following sections, we will discuss the steps which generally take place during the custody process. For precise information on how this process works in your state or territory, you may want to contact a local lawyer.

Step 1: Prepare for the case.

Learn about what types of custody are available and how domestic violence might affect custody in your state or territory. Think about what you will ask for, what would be best for your child, and what would be safest for both of you. 

You can prepare for court by gathering evidence that helps explain why you should have custody. Your evidence should relate to the “best interest factors” that a judge looks at to determine what’s best for your child. You can see How will a judge make a decision about custody? for more information.

Custody cases are complicated, so you may want to get a lawyer. If you can hire someone, you can use this list of questions as your guide when deciding which lawyer to choose. If you can’t hire a lawyer, you may at least want to try getting a free or low-cost consultation to help you make a legal strategy for your case.

Step 2: File and serve the custody petition.

The legal paperwork that starts a custody case is called a petition. You may file your custody petition in the Superior Court. Generally, you will file on the island where the child lives.

The exact petition you file may depend on whether or not you are married to the child’s other parent, as you can see in the chart below.

If you and the other parent are… Then you can usually file for custody in…
married and getting divorced the divorce case.
married but not divorcing a separate custody petition.
not married a separate custody petition, but legal fatherhood (paternity) may need to be established first or during the custody case.

Sometimes, non-parents can also file for custody or visitation rights. To find out about filing as a non-parent, talk to a lawyer.

The custody petition forms you need may be available at your local courthouse. Many forms are also available online. Some courts may have a court assistance officer or other staff who can help you complete the forms you need to file. However, court staff cannot advise or represent you. It’s best to get help from a lawyer to make sure that you have all of the forms and fill them out correctly. You can use our CNMI Courthouse Locations and Finding a Lawyer pages to find your island’s court and local lawyers.

Depending on what’s going on with the child and the other parent, you may be able to ask for an emergency or temporary custody order when you file your petition. That may require appearing in front of the judge. However, in most cases, you will just file the petition, and then the clerk will tell you a date to return to court a few weeks or months later. If your child’s well-being is in danger, make sure to mention this on the petition and notify local authorities as needed. It may also be possible to file for a restraining order and get temporary custody as part of the restraining order.

After you file, the papers will need to be given to the other parent. This is called “service of process,” and there are specific rules on how to do it. You may want to ask the clerk for the instructions on how the other party must be served in your state or territory.

Step 3: Preliminary court dates.

The next step in the custody process is to have “preliminary” court dates. Preliminary means introductory or preparatory. These might have a different name in your state or territory, such as “first appearance,” “status conference,” or something else. They are when certain issues can be dealt with in the early stages of the case. Some of the issues that might be dealt with are:

During this stage, the judge will often give temporary custody and visitation orders that last while the case continues. In some cases, the judge may assign a guardian ad litem or an attorney for the child.

For more information to help you prepare for the preliminary court dates, go to The first appearance in our Before the Trial section. 

Step 4: Reach an agreement or go to trial.

There are two different ways that you might be able to get a final custody order – by coming to an agreement, or by going to trial.

Reach an agreement: In some situations, you and the other parent might be able to reach an agreement (settlement) about your child’s living arrangements. If the judge approves, your agreement could become the final custody order. This could allow you to keep some level of control over the outcome and help you avoid the stress and uncertainty of a trial. You and the other parent could negotiate an agreement by yourselves, with the help of your attorneys, or through mediation.

Go to trial: If you can’t agree or if it’s unsafe for you to deal with the other parent directly, the next step will be a trial. At that point, the judge will make all the decisions about custody based on what s/he believes is in your child’s best interests. During a trial, you or your attorney can present evidence and cross-examine the other parent. The other parent can do the same. If you are representing yourself, you can learn more about how to do this in our At the Hearing section.

Step 5: Options if you disagree with the order

If you disagree with the judge’s order, there are a couple of legal actions you would need to file right away, such as a motion for reconsideration or an appeal.

  • motion for reconsideration asks the judge to decide differently based on the law or new evidence.
  • An appeal moves the case to a higher court and asks that court to review the lower court’s decision due to a judge’s error.

Each state or territory has a set time limit to file these actions, usually ranging from 10 to 60 days. To know your case’s exact timeframe, you should ask an attorney in your state or territory.  

You might also be able to ask the judge to change your order in the future if there is a “substantial change of circumstances” after the case is decided. You can do this by filing a motion or petition to change (modify) the order. However, usually, this can only be filed under certain circumstances. Here are a few examples of events that might be considered substantial changes in circumstances:

  • The other parent gets sent to jail or charged with child abuse or neglect;
  • The other parent is not following the custody and visitation order; or
  • Your child’s needs change in a big way.