North Dakota Statutory Measure No. 3 (2006)

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North Dakota's Child Custody & Support (or Initiated Statutory Measure 3) appeared on the November 2006 ballot in North Dakota as a citizen-initiated state statute, where it was defeated.[1]

  • Yes: 91,225 (43%)
  • No: 118,048 (57%) Defeated

Impact

The measure would add a new section to chapter 14-09 of the North Dakota Century Code. This measure would provide that, for child custody and support in the event of a divorce, separation, or custody proceeding, each parent would be entitled to joint legal and physical custody unless first declared unfit based on clear and convincing evidence; that parents must develop a joint parenting plan, with a court becoming involved only if parents do not agree on a plan; that child support payments be based on the parenting plan and could not be greater than the actual cost of providing for the basic needs of each child.

"Our current family law in North Dakota costs the tax- payers $60 million to $80 million each year with direct and indirect costs. Shared parenting would reduce those costs and help protect our children. The people of North Dakota are frustrated and upset at a gender-biased legal system that is not in the best interest of our children and profits off the breakup of North Dakota families."[2]

Supporters

Mitchell Sanderson, of Grand Forks, a sponsor of the child custody measure, said the initiative was hurt by "fear-mongering from attorneys who were protecting their Lexus payment and lake home payment." He said he would attempt to work with the Legislature on a new bill.

"If that doesn't work, I will come back with another initiative that is plain and clear: joint physical custody unless you're found unfit," he said. [3]

Opponents

Carrie McKay, 35, of Bismarck, said she voted against it because it "doesn't seem right" for the children. [4]

Status

With 97 percent of the state's precinct's reporting, the child custody measure trailed 57 percent to 43 percent.

See also

External links

References

  1. North Dakota 2006 General Election Results
  2. Bismarck Tribune - Measure No. 3 passage needed
  3. Bismarck Tribune - North Dakota News - Child Custody Measure Loses
  4. Bismarck Tribune - North Dakota News - Child Custody Measure Loses
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