Guardianship in North Dakota
In North Dakota, the court determines guardianship based on a variety of factors, primarily focusing on the best interests of the child. The court may appoint a guardian ad litem to represent a minor in cases concerning custody, support, or visitation. This article will delve into the legal procedures, statutes, and case law that guide the court’s decision-making process in appointing a guardian.
Role of a Guardian ad Litem
According to North Dakota Century Code 14-07.1-05.1, a guardian ad litem may be appointed by the court upon the request of either party or upon its own motion. The guardian ad litem’s role consists of investigation and making a recommendation and report to the court. The guardian ad litem may be appointed at the time of a temporary protection order or at any time before the full hearing. 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 court proceedings.
The guardian ad litem has the authority to 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. They may also apply for a court order to protect the child, to obtain temporary relief, or to determine parenting rights and responsibilities.
Factors Considered by the Court
The court considers several factors when deciding on the appointment of a guardian ad litem. These factors, as outlined in the provided context, include:
- Whether there is an allegation of sexual abuse;
- Whether there is an allegation of domestic violence resulting in serious bodily injury or involving the use of a dangerous weapon;
- Whether there is an allegation of a pattern of domestic violence occurring within a reasonable time proximate to the proceeding resulting in a reasonable fear for the safety of a party or the minor child;
- Whether the child has special needs;
- Whether the child has, at any time, been placed in foster care, or in the home of a third party;
- Whether there is an allegation the child is in an unstable environment;
- Whether there has been repeated post-decree litigation involving parental rights and responsibility issues;
- Whether the interests of the child and either or both parents are in substantial conflict;
- Whether a guardian ad litem could provide the court with significant information not otherwise available or likely to be presented by the parents.
Duties of a Guardian ad Litem
Once appointed, a guardian ad litem has several duties. They must 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.
The guardian ad litem must also advise the child and the child’s parents of the role and responsibilities of the guardian ad litem, interview potential witnesses, lay and expert, with relevant knowledge of the child or parties, and participate in meetings impacting the life of the child, including permanency planning meetings and other activities as may be directed by the court.
Conclusion
In conclusion, the court’s decision on who gets guardianship in North Dakota is guided by the best interests of the child. The court may appoint a guardian ad litem to represent the child in court proceedings, and this guardian has a range of duties and responsibilities aimed at protecting the child’s interests. The court considers a variety of factors when making this decision, including allegations of abuse, the child’s needs, and the potential for conflict between the child and the parents.