Guardianship in North Dakota
In North Dakota, the legal system allows for the appointment of a guardian for a minor or an incapacitated adult. This article will focus on the circumstances under which a person can obtain guardianship of a minor when the parents are still alive.
Guardianship of a Minor
In North Dakota, a guardian can be appointed for a minor under certain circumstances. According to North Dakota Century Code § 30.1-27-02, a guardian may be appointed for a minor if the court finds the welfare of the minor requires it. This could be due to the parents’ inability to provide adequate care, neglect, abuse, or other circumstances that may harm the child’s wellbeing.
Parental Rights and Responsibilities
The North Dakota Century Code § 14-09-06.6 outlines the role of a guardian ad litem, who is appointed by the court to represent the best interests of the child in legal proceedings. The guardian ad litem’s responsibilities include interviewing and observing the child, advising the child and the child’s parents of their role, interviewing potential witnesses, and participating in meetings impacting the child’s life. They may also apply for a court order to protect the child, obtain temporary relief, or determine parenting rights and responsibilities.
Granting Caretaking Authority to a Nonparent
Under North Dakota Century Code § 14-09-06.7, the court may grant caretaking authority to a nonparent if it is in the best interests of the child. This nonparent could be an adult family member or an adult with whom the child has a close and substantial relationship. However, unless the other parent agrees to this grant of caretaking authority, the time granted is limited to the amount of time granted to the deploying parent under a permanent custody order, or the amount of time that the deploying parent habitually cared for the child before being notified of deployment.
Legal and Actual Custody
According to North Dakota Century Code § 14-03-20, if the parents of a minor are not living together, the parent having the legal custody of the minor applicant may apply for guardianship. If both parents are deceased, or if a person other than a parent has legal and actual custody of the minor applicant, that person may apply for guardianship.
Court Proceedings and Guardian ad Litem
A guardian ad litem may 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 North Dakota Century Code § 14-09-06.6. They are also required to participate in all pretrial procedures and negotiations and endeavor to resolve the case without the need for a trial.
Continuation After Judgment
As per North Dakota Rules of Civil Procedure Rule 25, if a party dies after a verdict is rendered or an order for judgment is made, the action does not abate, and substitution of parties must be allowed. If a party becomes incompetent, the court may permit the action to be continued by or against the party’s representative or guardian.
In conclusion, while parents are typically the natural guardians of their children, there are circumstances under which another adult may be granted guardianship. This is typically when the court determines it is in the best interest of the child. The process involves legal proceedings, and the appointed guardian has specific responsibilities and rights as outlined in the North Dakota Century Code.