Temporary Guardianship During Divorce in North Dakota
In North Dakota, the court may grant temporary guardianship or custodial responsibility of a child during a divorce proceeding. This is typically done to ensure the child’s best interests are maintained throughout the process. The legal framework for this is outlined in the North Dakota Century Code sections 14-09.3-07 through 14-09.3-21 and sections 14-09.3-11 through 14-09.3-21.
Granting of Temporary Custodial Responsibility
According to North Dakota Century Code 14-09.3-25 (404), a temporary order for custodial responsibility terminates sixty days after the deploying parent gives notice to the other parent. This implies that a temporary order for custodial responsibility can be established during a divorce proceeding, especially in cases where one parent is deployed for military service.
Granting of Caretaking Authority to a Nonparent
In some cases, the court may grant caretaking authority to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. This is provided for under North Dakota Century Code 14-09.3-11. However, the grant is limited to an amount of time not greater than 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.
Temporary Support and Parental Rights
During a divorce proceeding, the court may issue an order requiring a party to pay such support as may be necessary for the support of a party and minor children of the parties and for the payment of attorney’s fees. This is according to North Dakota Century Code 14-05-23. The court may also make an order concerning parental rights and responsibilities concerning the children of the parties.
Nature of Authority Created by Temporary Custody Order
A grant of authority under sections 14-09.3-11 through 14-09.3-21 is temporary and terminates under sections 14-09.3-22 through 14-09.3-25 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. This is according to North Dakota Century Code 14-09.3-18 (308). The grant does not create an independent, continuing right to caretaking authority, decisionmaking authority, or limited contact in an individual to whom it is granted.
Filing a Motion for Custodial Responsibility During Deployment
At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. This is provided for under North Dakota Century Code 14-09.3-03. The motion must be filed in a pending proceeding for custodial responsibility in a court with jurisdiction under section 14-09.3-03 or, if there is no pending proceeding in a court with jurisdiction under section 14-09.3-03, in a new action for granting custodial responsibility during deployment.
In conclusion, it is possible to get temporary guardianship of a child during a divorce in North Dakota. However, the process is subject to various legal provisions and the ultimate decision lies with the court, which always prioritizes the best interests of the child.