North Dakota Code 27-20.1-11 – Appointment of guardian of a child
1. The court may appoint a guardian of a child if the court finds by clear and convincing evidence that the appointment is in the child’s best interest and:
Terms Used In North Dakota Code 27-20.1-11
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
a. Both parents are deceased or the surviving parent’s rights have been terminated by a previous court order, but there has been no appointment of a guardian for the child by will, the court has transferred the case to juvenile court without appointment of a guardian, or the testamentary guardian failed to accept the appointment under chapter 30.1-27; b. The parents have consented in writing by affidavit; c. All parental rights have been previously terminated; or
d. The child is a child in need of protection as defined under section 27-20.1-01.
2. The court may appoint as guardian any fit and willing person whose appointment would be in the best interest of the child. If the court finds by clear and convincing evidence that the child is of sufficient maturity to make a sound judgment, or the child is age fourteen or older, the court may give substantial weight to the preference of the child. The court shall give due consideration to other factors that may have affected the child’s preference, including whether the child’s preference was based on undesirable or improper influences.
3. The court may appoint a guardian as a dispositional alternative if a child has been adjudicated as a child in need of protection or delinquent under chapter 27-20.2, 27-20.3, or 27-20.4.