North Dakota Code 27-20.1-07 – Procedure upon filing of petition
1. A supporting affidavit establishing the basis for the guardianship under subdivision n of subsection 2 of section 27-20.1-06, and that the guardianship is in the best interest of the child, must be filed with the petition. Where a child in need of protection is alleged under paragraph 4 of subdivision n of subsection 2 of section 27-20.1-06, the petition must contain sufficient statements to establish a child in need of protection unless the child has resided in the home of the proposed guardian for at least one year before the filing date of the petition.
Terms Used In North Dakota Code 27-20.1-07
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- 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.
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- year: means twelve consecutive months. See North Dakota Code 1-01-33
2. A petition under this chapter must be reviewed by the court to determine whether the contents of the petition comply with section 27-20.1-06.
3. If a petition alleges a child in need of protection, the petition will be reviewed by the court to determine whether there has been a sufficient showing of a child in need of protection.
4. If the petitioner has made an insufficient showing of a child in need of protection, the court, without oral argument or an evidentiary hearing shall issue an order denying the petition. If the petitioner has made a sufficient showing of a child in need of protection justifying a guardianship, the court shall set a date for an evidentiary hearing.