Yes, you can request temporary guardianship in North Dakota. This process is governed by the North Dakota Century Code sections 14-09.3-11 through 14-09.3-21. These statutes outline the procedures and requirements for obtaining temporary guardianship, also referred to as temporary caretaking authority.
Temporary Guardianship in North Dakota
Temporary guardianship, or temporary caretaking authority, is a legal arrangement where an adult is given the authority to care for a child when the parents are unable to do so. This could be due to a variety of reasons such as illness, deployment, or other circumstances that prevent the parents from adequately caring for the child.
Requesting Temporary Guardianship
To request temporary guardianship, you must file a petition with the court. The court will then set a time and place for a hearing on the petition for relinquishment (section 14-15.1-03). A guardian ad litem must be appointed for the child at least seven days prior to the hearing. The hearing may not be held sooner than forty-eight hours after the child’s birth or the signing of all necessary consents to adoption, whichever is later.
Role of the Guardian ad Litem
The guardian ad litem plays a crucial role in the process of obtaining temporary guardianship. As per section 14-07.1-05.1, the guardian ad litem is appointed by the court to represent a minor concerning custody, support, or visitation. Their role consists of investigation and making a recommendation and report to the court. They are also required to participate in all pretrial procedures and negotiations and endeavor to resolve the case without the need for a trial.
Nature of Temporary Guardianship
As per section 14-09.3-18, the grant of authority under sections 14-09.3-11 through 14-09.3-21 is temporary and terminates after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking authority, decision-making authority, or limited contact in an individual to whom it is granted.
Temporary Child Support Order
The tribunal may issue a temporary child support order if it determines that such an order is appropriate and the individual ordered to pay is a presumed father of the child, petitioning to have his paternity adjudicated, identified as the father of the child through genetic testing, or an alleged father who has declined to submit to genetic testing.
In conclusion, while you can request temporary guardianship in North Dakota, it is a complex legal process that involves several steps and legal considerations. It is advisable to consult with a legal professional to guide you through the process and ensure that all legal requirements are met.