Compensation for Guardians Ad Litem in North Dakota
In North Dakota, the role of a guardian ad litem is a crucial one, particularly in cases involving divorce, child custody, and other family law matters. A guardian ad litem is appointed by the court to represent the best interests of a child or an incapacitated adult during legal proceedings. This article will explore the compensation and payment structure for guardians ad litem in North Dakota, as well as the responsibilities and qualifications required for this role.
Payment Structure for Guardians Ad Litem
According to the North Dakota Century Code, the court may direct either or both parties involved in a case 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 the proceedings began. This indicates that guardians ad litem can indeed receive payment for their services, although the exact amount and source of this payment can vary depending on the circumstances of the case.
Responsibilities of a Guardian Ad Litem
The responsibilities of a guardian ad litem in North Dakota are extensive and varied. They include working with a parenting investigator, interviewing and observing the child, advising the child and the child’s parents, interviewing potential witnesses, participating in meetings impacting the life of the child, and applying for court orders to protect the child or determine parenting rights and responsibilities. A guardian ad litem is also required to participate in all pretrial procedures and negotiations, and to observe all statutes, rules, and regulations concerning confidentiality (North Dakota Century Code).
Qualifications for a Guardian Ad Litem
According to Rule 8.7 of the North Dakota Rules of Court, 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. In addition, to be eligible for appointment as a guardian ad litem, an attorney must have completed 18 hours of guardian ad litem training. To remain eligible, an individual must complete an additional 18 hours of guardian ad litem-related training every 3 years.
Court Proceedings Involving a Guardian Ad Litem
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. This underscores the significant role that a guardian ad litem plays in legal proceedings, and the importance of their work in advocating for the best interests of the child or incapacitated adult they represent.
In conclusion, while the role of a guardian ad litem in North Dakota is a demanding one, it is also a compensated position. The exact amount and source of this compensation can vary depending on the specifics of the case, but it is clear that guardians ad litem play a crucial role in the legal system and are compensated for their important work.