Guardianship Process in North Dakota
The guardianship process in North Dakota is a legal procedure that involves several steps and can vary in duration depending on the specifics of each case. The process is governed by the North Dakota Century Code and the rules of the North Dakota courts.
Initial Steps and Timeline
The initial steps in the guardianship process involve filing a petition for guardianship with the court. Once the petition is filed, the court will set a time and place for a hearing on the petition. According to North Dakota Century Code ยง 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.
Mediation Procedure
In some cases, the court may order mediation as part of the guardianship process. According to the provided context, the order and a copy of Form D, Guide to Participants in Mediation, must be sent to the parties, attorneys, and the mediator, setting a specific time frame for the mediation to take place. The parties must contact the mediator and attend a pre-mediation orientation separately within 10 days of the date of the mediation scheduling order for guardianship proceedings. The mediation sessions must take place within 50 days of the date of the mediation scheduling order for guardianship proceedings. Any requests to deviate from this time frame must be submitted to the judge presiding over the case in writing by the mediator and the parties, and the judge may allow a time extension for good cause.
Final Hearing and Decision
The court must schedule a final hearing within 60 days after the initial hearing to decide the issues of law and fact. The hearing may be continued as necessary. The court may utilize any services for the protection of persons and property that are available in a non-summary proceeding, including appointment of a guardian ad litem, mediator, or referee. The costs of services may be assessed as provided by law against the parties in the proportion as the court determines just and equitable.
Role of the Guardian ad Litem
The guardian ad litem plays a crucial role in the guardianship process. After appointment, the guardian ad litem has several responsibilities, including interviewing and observing the child, advising the child and the child’s parents of the role and responsibilities of the guardian ad litem, interviewing potential witnesses, and participating in meetings impacting the life of the child.
Conclusion
In conclusion, the duration of the guardianship process in North Dakota can vary depending on the specifics of each case, including whether mediation is ordered and how long the court takes to make a final decision. However, the process involves several steps and timelines that are set by the court and governed by the North Dakota Century Code and the rules of the North Dakota courts.