Legal Guardianship in North Dakota
In North Dakota, a legal guardian is an individual or entity appointed by the court to make decisions on behalf of another person, often a minor or an incapacitated adult. The responsibilities of a legal guardian are outlined in the North Dakota Century Code and court rules. This article will focus on the responsibilities of a guardian ad litem, a specific type of legal guardian appointed in family law cases, particularly divorce proceedings.
Role and Responsibilities of a Guardian ad Litem
A guardian ad litem (GAL) is appointed by the court to represent the best interests of a child in a divorce or custody case. According to the provided context, the responsibilities of a GAL in North Dakota include:
- Working with a parenting investigator: If a parenting investigator is appointed, the GAL is required to coordinate investigation activities and avoid duplicating services (Context, 2A).
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Interviewing and observing the child: The GAL must ascertain facts relevant to parental rights and responsibilities, the child’s wishes, the need for independent evaluation, and the need for and appropriateness of interim judicial relief (Context, 2B).
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Advising the child and the child’s parents: The GAL must inform the child and the parents about the role and responsibilities of the GAL (Context, 2C).
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Interviewing potential witnesses: The GAL is responsible for interviewing both lay and expert witnesses with relevant knowledge of the child or parties (Context, 2D).
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Participating in meetings impacting the child’s life: This includes permanency planning meetings and other activities as directed by the court (Context, 2E).
Legal Proceedings and the Guardian ad Litem
In court proceedings, a GAL has the authority to present a case, cross-examine witnesses, 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 (Context, e).
The GAL may also apply for a court order to protect the child, obtain temporary relief, or determine parenting rights and responsibilities (Context, 3). They are required to participate whenever any party requests an interim court order which may affect the child (Context, 4).
Confidentiality and the Guardian ad Litem
A GAL must observe all statutes, rules, and regulations concerning confidentiality. They may not disclose or participate in the disclosure of information to any person who is not a party to the case, except as necessary to perform the GAL duties or as may be specifically provided by law (Context, 7).
Payment for the Guardian ad Litem
The court may direct either or both parties to pay the attorney guardian ad litem fee established by the court. If neither party is able to pay the fee, the court may direct the fee to be paid, in whole or in part, by the county where the child resided at the time (Context, Page No. 3).
In conclusion, a guardian ad litem in North Dakota has a wide range of responsibilities, all aimed at protecting the best interests of the child in a divorce or custody case. They play a crucial role in ensuring that the child’s voice is heard and their welfare is prioritized in the legal proceedings.