Shared Guardianship in North Dakota
In North Dakota, the concept of shared guardianship is recognized and can be implemented under certain circumstances. This is often seen in cases where both parents are deemed fit to share the responsibilities of raising a child, or when a nonparent adult is granted caretaking authority. The legal framework for shared guardianship is outlined in the North Dakota Century Code.
Grant of Caretaking or Decisionmaking Authority to Nonparent
According to North Dakota Century Code 14-09.3-16 (306), a 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, if it is in the best interests of the child. This grant of authority 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 in the absence of such an order, the amount of time that the deploying parent habitually cared for the child before being notified of deployment. This provision allows for shared guardianship between the non-deploying parent and the nonparent adult.
Prior Judicial Order and Parental Agreement
The court is bound by a prior judicial order designating custodial responsibility in the event of deployment, unless the circumstances meet the requirements of law for modifying a judicial order regarding custodial responsibility (North Dakota Century Code 14-09.3-16). The court is also required to enforce a prior written agreement between the parents for designating custodial responsibility in the event of deployment, unless the court finds that the agreement is contrary to the best interests of the child. This provision allows for shared guardianship between parents, as long as it is in the best interests of the child.
Role of Guardian ad Litem
A guardian ad litem, as per court proceedings, 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. They work closely with a parenting investigator, if appointed, to coordinate investigation activities and avoid duplicating services. They also have the authority to apply for a court order to protect the child, to obtain temporary relief, or to determine parenting rights and responsibilities. This role can be shared between two people if the court deems it necessary.
Referral of Guardianship Proceedings to Family Mediation
In some cases, any party to a guardianship proceeding may request a referral to family mediation, as provided in the court rules, except as prohibited by this or any other rule or statute. Such requests should be made during the initial appearance phase of the juvenile guardianship proceeding. When such a request is made, the district judge or referee shall direct the program administrator to assign a mediator to the case, and prepare an order and schedule for mediation. This process can facilitate shared guardianship by helping parties reach an agreement on the division of responsibilities.
In conclusion, shared guardianship is possible in North Dakota under certain circumstances. It is always subject to the best interests of the child and the legal provisions outlined in the North Dakota Century Code.