9.09.090 Modification

(a) No motion to modify a custody decree may be made earlier than two (2) years after its date, unless the Court permits it to be made on the believe the child's present, environment may endanger seriously his physical, mental, moral, or emotional health.

(b) If a court of this jurisdiction has jurisdiction pursuant to the Uniform Child Custody Jurisdiction Act of the State of North Dakota, the Court shall not modify a prior custody decree unless it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the Court at the time of entry of the prior decree, that a change has occurred in the circumstances of the circumstances of the child or his custodian, and that the modification is necessary to serve the best interest of the child. In applying these standards, the Court shall retain the custodian appointed pursuant to the prior decree unless:

(1) The custodian agrees to the modification;

(2) the child has been integrated into the family of the petitioner with consent of the custodian; or

(3) The child's present environment endangers seriously his physical, mental, moral or emotional health, and the harm likely to be caused by a change of environment is outweighed by its advantages to him.

(c) Attorney fees and costs shall be assessed against a party seeking modification if the Court finds the modification action is vexatious and constitutes harassment.