No, you cannot become a guardian without going to court. In North Dakota, the process of becoming a guardian involves a court proceeding. The court must appoint a guardian ad litem, or issue another appropriate order, to protect a minor or incompetent person who is self-represented in an action. The court may appoint a guardian ad litem to represent a minor or incompetent person, even though the minor or incompetent person may have a general guardian and may have appeared (North Dakota Century Code).
Role and Responsibilities of a Guardian Ad Litem
A guardian ad litem is a person appointed by the court to represent the best interests of a child or incompetent person during a court case. In North Dakota, the guardian ad litem has several responsibilities.
Interaction with the Child and Other Parties
The guardian ad litem is required to work with a parenting investigator, if appointed, to coordinate investigation activities and avoid duplicating services. They are also required to interview and observe the child to ascertain the 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 (North Dakota Century Code).
Legal Proceedings
In court proceedings, 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 (North Dakota Century Code).
Appointment of a Guardian Ad Litem
The appointment of a guardian ad litem is a legal process that involves the court. After appointment, the guardian ad litem has several responsibilities, including applying for a court order to protect the child, to obtain temporary relief, to determine parenting rights and responsibilities (North Dakota Century Code).
Guardianship Proceedings
In North Dakota, any party to a guardianship proceeding may request a referral to family mediation, except as prohibited by this or any other rule or statute. Such requests shall 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 (North Dakota Century Code).
Exclusions from Referral
A proceeding may not be referred to family mediation if the proceeding involves termination of parental rights or if the parties have already started mediating prior to filing the proceeding (North Dakota Century Code).
In conclusion, becoming a guardian in North Dakota involves a court process and the appointment of a guardian ad litem by the court. The guardian ad litem has several responsibilities, including representing the best interests of the child or incompetent person during court proceedings.