Child Custody in the CNMI

This post covers some basic legal issues on child custody in the CNMI.

When parents separate, the most difficult concerns are for the child. Many times, the parents will decide how to split their responsibilities and work out the child’s living arrangements. When parents are unable to reach a decision on how they will share in being a part of their child’s life, child custody can be determined by a court.

When does the court get involved in custody?

How does a court decide who gets custody?

What happens to the parent who doesn’t get custody?

What if I’m having problems with visitation because of the other parent or the other parent’s family?

Is there a child visitation center in the CNMI?

What if I believe the court’s decision on custody should be changed?

What if the parents agree about custody?



When does the court get involved in custody?

Generally, the child must still be a minor (less than 18 years old). In a divorce, the court will determine custody and specify it in the divorce decree. For unmarried parents, one of the parents will need to start a court action.     back to top

How does a court decide who gets custody?

Like most court actions, both parties present evidence – testimony or documents – to the court.

In deciding who gets custody, the main focus of the court is the best interests of the child. This is not necessarily the same thing as what a parent wants. The child’s best interests are based on the child’s needs and well-being.

Although the CNMI statutes do not provide details on how a court figures out what is in the child’s best interest, several factors may include the following:

● The stability and safety of the home.

● The love and affection between the child and each parent.

● The ability and desire of each parent to provide for the food, clothing, shelter, medical and other needs of the children. The financial ability to provide for the child is not significant in figuring out custody, because the court can award child support.

● The willingness of each parent to encourage a close and continuing relationship with the other parent (unless that parent is abusive or provides a very unhealthy environment).     back to top

What happens to the parent who doesn’t get custody?

The court will almost always allow the other parent to have the right to child visitation. This is based on the understanding that children will normally do better when there is a meaningful relationship with both parents. The parents or the court will determine what the visitation schedule should be.     back to top

What if I’m having problems with visitation because of the other parent or the other parent’s family?

If a parent is concerned about the child’s safety during visitation with the other parent (for example, if there is a history of domestic violence, alcohol or drug abuse, etc.), then the concerned parent should explain to the court that visitation should be supervised, or that there should be some other form of restriction on visitation. If family members are speaking badly about a parent or making it difficult to transfer the children to the other parent, this should also be explained to the court.     back to top

Is there a child visitation center in the CNMI?

In Saipan, a child visitation center is planned to open this year (2008). The center will serve as a safe, neutral location where the exchange of children or actual visits can take place. A court may order visitation to be scheduled at the center, which will be managed by Connecting Families, a non-profit organization. The purpose of the center is to promote a healthy atmosphere between parents and their children during stressful times involving divorce, separation, domestic violence or substance abuse.     back to top

What if I believe the court’s decision on custody should be changed?

To change the terms of custody, there needs to have been a substantial change of circumstances since the original divorce decree or custody order. There can be many types of changes. However, to modify custody, the change must be substantial. Also, the custody modification still needs to be in the best interests of the child. You will need to file a motion for modification with the court. In your motion, you will need to explain the substantial change in circumstances. You will also need to explain how the custody modification will be in the best interests of the child.     back to top

What if the parents agree about custody?

If the parents agree on custody and visitation, they can give the court a copy of the written agreement and ask that the agreement be turned into a court order. This can be done by including the agreement in the divorce decree or custody order. However, the court may reject the agreement if it believes that it is not in the child’s best interests.     back to top