Reinstating Parental Rights in North Dakota
In North Dakota, the process of reinstating parental rights is governed by specific statutes and court rules. This process is complex and requires a thorough understanding of the legal framework.
Legal Grounds for Reinstating Parental Rights
According to North Dakota Century Code (N.D.C.C.) § 14-15-19, a parent may withdraw a relinquishment of parental rights or request the court to vacate a decree terminating the parent-child relationship. However, this is only possible if the child is not on placement for adoption and the person having custody of the child consents in writing to the withdrawal or vacation of the decree.
Right to Legal Counsel
As per Rule 8.12 and N.D.C.C. § 14-15-19.1, a parent has a right to legal counsel during all stages of a proceeding to terminate parental rights. If the parent is indigent, they have a right to have legal counsel provided at public expense. The court or a person designated by the court must inform the parent of the right to counsel and, if shown to exist, that other legal counsel services that may be available be provided to the parent at no cost.
Notice and Hearing
The court must give notice to the parents of the child, the guardian of the child, the person having legal custody of the child, any proposed custodian of the child, and, at the court’s discretion, a person representing any party before a hearing to terminate parental rights can take place. This is to ensure that all parties involved have an opportunity to present their case and protect their rights.
Mediation Process
Under Rule 8.3.1, in any action for the determination of parental rights or a motion to modify residential responsibility, the parties and their attorneys must meet in person or by electronic means to prepare a joint informational statement within 30 days after service of the complaint or entry of an order for an evidentiary hearing under N.D.C.C. 14-09-06.6. This meeting is compulsory unless waived by the court.
Adoption and Legitimation by Conduct
According to N.D.C.C. § 14-15-20, the biological father of an illegitimate minor can adopt and legitimate a minor by publicly acknowledging the minor as his child, receiving the minor into his home, with the consent of his wife if he is married, and otherwise treating the minor as if the minor were legitimate. Thereafter, the minor is deemed the legitimate child of the father for all purposes from the time of birth of the minor.
In conclusion, the process of reinstating parental rights in North Dakota involves several legal steps, including the withdrawal of a relinquishment of parental rights, the right to legal counsel, notice and hearing, mediation process, and adoption and legitimation by conduct. It is advisable for parents seeking to reinstate their parental rights to seek legal counsel to navigate this complex process.