Modification of Guardianship Arrangements in North Dakota
In North Dakota, the law provides for the modification of guardianship arrangements under certain circumstances. This is governed by various sections of the North Dakota Century Code, specifically Chapter 14, which deals with family law and domestic relations.
Modification of Custodial Responsibility to Nonparent
According to Section 14-09.3-21 of the North Dakota Century Code, a court may modify or terminate the grant of custodial responsibility to a nonparent. This can be done on the motion of a deploying or other parent or any nonparent to whom caretaking authority, decisionmaking authority, or limited contact has been granted. The modification or termination must be consistent with sections 14-09.3-11 through 14-09.3-21 and must be in the best interests of the child.
The modification is temporary and terminates pursuant to sections 14-09.3-22 through 14-09.3-25 after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.
Modification of Agreement
Section 14-09.3-08 of the North Dakota Century Code allows parents to modify an agreement regarding custodial responsibility by mutual consent. If an agreement is modified before the deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement. If an agreement is modified during the deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
Modification or Termination of Parenting Coordinator Appointment
According to Section 14-09.2-08 of the North Dakota Century Code, the court may terminate or modify the parenting coordinator appointment upon agreement of the parties, upon motion of either party, at the request of the parenting coordinator, or by the court on its own motion for good cause shown. Good cause includes lack of reasonable progress over a significant period of time despite the best efforts of the parties and the parenting coordinator, a determination that the parties no longer need the assistance of a parenting coordinator, impairment on the part of a party that significantly interferes with the party’s participation in the process, or the parenting coordinator is unwilling or unable to serve.
Appointment of Guardian ad Litem for Minor
Section 14-07.1-05.1 of the North Dakota Century Code allows the court to appoint a guardian ad litem in an action for a protection order to represent a minor concerning custody, support, or visitation if either party or the court has reason for special concern as to the immediate future of the minor. The guardian ad litem may be appointed at the time of a temporary protection order or at any time before the full hearing. The role of the guardian ad litem consists of investigation and making a recommendation and report to the court. The appointment of the guardian ad litem expires immediately after the full hearing unless the court retains the right, upon specific finding of need, to continue the appointment of a guardian ad litem to participate in the case.
In conclusion, the law in North Dakota does provide for the modification of guardianship arrangements under certain circumstances. However, it is always advisable to consult with a legal professional to understand the specific requirements and procedures involved.