Becoming a Guardian for a Child in North Dakota
In North Dakota, the process of becoming a guardian for a child involves several steps, including meeting certain qualifications, undergoing training, and being appointed by the court. This article will provide a detailed overview of the process, referencing relevant North Dakota statutes and court rules.
Qualifications for a Guardian Ad Litem
According to Rule 8.7(a) of the North Dakota Court Rules, to qualify as a guardian ad litem under N.D.C.C. ยง 14-09-06.4, a person must be an attorney licensed in the state of North Dakota. This requirement ensures that the guardian ad litem has a thorough understanding of the legal system and can effectively advocate for the child’s best interests.
Training Requirements
In addition to being a licensed attorney, a potential guardian ad litem must also meet certain training requirements. As per Rule 8.7(b), to be eligible for appointment as a guardian ad litem, an attorney must have completed 18 hours of guardian ad litem training. To remain eligible for appointment, an individual must complete an additional 18 hours of guardian ad litem-related training every three years. This ongoing training ensures that the guardian ad litem is up-to-date with the latest developments in child advocacy and family law.
Appointment by the Court
Once the qualifications and training requirements have been met, the next step is to be appointed by the court. According to Rule 8.7(c), a guardian ad litem must be appointed if the court finds an appointment is necessary to protect the best interests of the child involved. In determining whether to appoint a guardian ad litem, the court will consider factors such as allegations of sexual abuse or domestic violence.
Role and Responsibilities of a Guardian Ad Litem
Once appointed, a guardian ad litem has several responsibilities. As outlined in the provided context, these include working with a parenting investigator, interviewing and observing the child, advising the child and the child’s parents of the role and responsibilities of the guardian ad litem, interviewing potential witnesses, and participating in meetings impacting the life of the child.
A guardian ad litem may also apply for a court order to protect the child, obtain temporary relief, or determine parenting rights and responsibilities. They are expected to participate in all pretrial procedures and negotiations and endeavor to resolve the case without the need for a trial. They must also observe all statutes, rules, and regulations concerning confidentiality.
Court Proceedings
In court proceedings, a guardian ad litem has the authority to present a case, cross-examine a witness, deliver a summation, prepare a memorandum of law, file a motion, and file or participate in an appeal on issues involving the best interests of the child, as per Rule 8.7(e).
In conclusion, becoming a guardian for a child in North Dakota involves meeting specific qualifications, undergoing required training, and being appointed by the court. Once appointed, a guardian ad litem has a range of responsibilities and plays a crucial role in advocating for the child’s best interests.