1.    In any action for an annulment, divorce, legal separation, or other action affecting marriage, when either party has reason for special concern as to the future of the minor child, and in any action when the parenting rights and responsibilities concerning the child is contested, the court, upon motion of the court or by motion or agreement of the parties, may appoint an attorney guardian ad litem to represent the child concerning parenting rights and responsibilities.

Terms Used In North Dakota Code 14-09-06.4

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

2.    If appointed, an attorney guardian ad litem shall serve as an advocate of the child’s best interests.

3.    The court may direct either or both parties to pay the attorney guardian ad litem fee established by the court. If neither party is able to pay the fee, the court may direct the fee to be paid, in whole or in part, by the county where the child resided at the time the     action was commenced. The court may direct either or both parties to reimburse the county, in whole or in part, for such payment.

4.    An attorney guardian ad litem appointed under this section who acts in good faith in making a report to the court is immune from any civil liability resulting from the report.

For the purpose of determining good faith, the good faith of the attorney guardian ad litem is a disputable presumption.

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