Jurisdiction and Guardianship in North Dakota
In North Dakota, the legal framework for divorce, child custody, and guardianship is governed by the North Dakota Century Code and the rules of court. This article will provide a detailed overview of these legal aspects, focusing on the jurisdiction of North Dakota courts and the requirements for becoming a guardian, even if residing in another state.
Jurisdiction in Child Custody Cases
According to the North Dakota Century Code, a tribunal of North Dakota may exercise personal jurisdiction over a nonresident individual or the individual’s guardian or conservator under certain conditions. These conditions include the individual being personally served with a summons within the state, the individual submitting to the jurisdiction of the state by consent, or the individual having resided with the child in the state (North Dakota Century Code [verification required]).
Furthermore, the court may exercise jurisdiction if the child resides in the state as a result of the acts or directives of the individual, or if the individual engaged in sexual intercourse in the state and the child may have been conceived by that act of intercourse. The court may also exercise jurisdiction on any other basis consistent with the constitutions of North Dakota and the United States (North Dakota Century Code [verification required]).
Guardianship in North Dakota
In North Dakota, the appointment of a guardian is governed by Rule 8.7 Guardian Ad Litem. 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. The attorney must have completed 18 hours of guardian ad litem training and must complete an additional 18 hours of related training every three years to remain eligible for appointment (Rule 8.7 Guardian Ad Litem).
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 shall consider among other factors, whether there is an allegation of sexual abuse or domestic violence resulting in serious bodily injury or involving the use of a dangerous weapon (Rule 8.7 Guardian Ad Litem).
Guardianship for Non-Residents
The question of whether a person can be a guardian if they live in another state is not explicitly addressed in the North Dakota Century Code or the rules of court. However, the jurisdictional rules outlined above suggest that a non-resident could potentially be appointed as a guardian if they meet the necessary qualifications and if the court determines that it would be in the best interests of the child.
However, it is important to note that the court would likely consider the practical implications of appointing a non-resident guardian, such as the potential for increased difficulty in maintaining regular contact with the child and the court, and the potential for increased costs and logistical challenges associated with travel.
In conclusion, while it may be legally possible for a non-resident to be appointed as a guardian in North Dakota, it would likely depend on the specific circumstances of the case and the court’s determination of what is in the best interests of the child. As always, individuals seeking to become a guardian should consult with a qualified attorney to understand the specific legal requirements and implications.