Legal Guardianship for an Adult Child in North Dakota
In North Dakota, obtaining legal guardianship for an adult child is a process governed by specific statutes and court procedures. This article will provide a detailed overview of the legal process, the rights and responsibilities of a guardian, and the circumstances under which guardianship can be granted.
Legal Basis for Guardianship
The legal basis for guardianship in North Dakota is found in the North Dakota Century Code. Specifically, the code provides for the appointment of a guardian for an adult child under certain circumstances. 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).
Process of Obtaining Guardianship
The process of obtaining guardianship for an adult child in North Dakota involves several steps. First, a petition must be filed with the court requesting the appointment of a guardian. The court will then conduct a hearing to determine whether the adult child is indeed in need of a guardian. If the court determines that a guardian is necessary, it will issue an order appointing a guardian.
Rights and Responsibilities of a Guardian
A guardian in North Dakota has several rights and responsibilities. According to the North Dakota Century Code, 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. Furthermore, a 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).
Circumstances Under Which Guardianship Can Be Granted
In North Dakota, guardianship for an adult child can be granted under certain circumstances. For instance, if it is in the best interests of the child, 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. However, unless a grant of caretaking authority to a nonparent is agreed to by the other parent, 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 (North Dakota Century Code).
Legal Representation and Fees
In North Dakota, a parent who consents to the adoption of a minor is entitled to legal counsel during all stages of a proceeding to terminate the parent and child relationship. The parent may retain counsel of their own choosing and at their own expense, or, if indigent, the parent may request the court to order that a state’s attorney serve as legal counsel to the parent at no cost to the parent. If appointed, an attorney guardian ad litem shall serve as an advocate of the child’s best interests. The court may direct either or both parties to pay the attorney guardian ad litem fee established by the court. If neither party is able to pay the fee, the court may direct the fee to be paid, in whole or in part, by the county where the child resided at the time (North Dakota Century Code).
In conclusion, obtaining legal guardianship for an adult child in North Dakota is a process that involves several steps and is governed by specific statutes and court procedures. It is recommended that individuals seeking to obtain guardianship consult with a legal professional to ensure they understand the process and their rights and responsibilities as a guardian.