Guardianship of a Child in North Dakota
In North Dakota, the legal system allows for the possibility of a non-relative to obtain guardianship of a child under certain circumstances. This process is governed by the North Dakota Century Code and involves several steps, including filing a petition, providing notice to relevant parties, and demonstrating to the court that the guardianship is in the best interest of the child.
Legal Provisions for Guardianship
According to North Dakota Century Code 14-09.4-08, upon the commencement of a guardianship proceeding, the nonparent petitioner must give notice to each parent of the child, the person having custody of the child, any individual having court-ordered visitation with the child, and any attorney, guardian ad litem, or similar representative appointed for the child.
Court Considerations for Guardianship
The court has the authority to appoint an attorney, guardian ad litem, or similar representative for the child, interview the child, and require the parties to participate in mediation or another form of alternative dispute resolution (North Dakota Century Code 14-09.4-09). However, a party who has been the victim of domestic violence, sexual assault, stalking, or other crime against the individual by another party to the proceeding may not be required to participate.
Effect of Adoption on Guardianship
If a child is adopted by a stepparent or other relative of the child, an order of custody or visitation to a nonparent remains in effect and is not changed by the adoption unless modified, after notice to all parties to the custody or visitation proceeding, by the court that entered the order or the court that granted the adoption (North Dakota Century Code 14-09.4-16).
Financial Responsibilities
The court may issue an order allocating responsibility between the parties for payment of the expense of facilitating visitation, including transportation expenses (North Dakota Century Code 14-09.4-17). The authority of a court to award child support payable to or by a nonparent is governed by chapter 14 -09.
Psychological Parent
This chapter does not preclude the recognition of an equitable right or remedy for a psychological parent under law of this state other than this chapter (North Dakota Century Code 14-09.4-19). A psychological parent is a person who, on a day-to-day basis, through interaction, companionship, interplay, and mutuality, fulfills a child’s psychological needs for a parent.
Role of Guardian ad Litem
A guardian ad litem plays a crucial role in guardianship proceedings. They may apply for a court order to protect the child, obtain temporary relief, determine parenting rights and responsibilities, request an independent court-ordered evaluation or study, including a parenting investigation, and participate in all pretrial procedures and negotiations (North Dakota Century Code).
In conclusion, while it is possible for a non-relative to obtain guardianship of a child in North Dakota, it is a complex process that requires the involvement of the court and various parties. It is highly recommended to seek legal counsel to navigate this process.