§ 27-20.1-06 — Contents of petition to appoint guardian of a child

North Dakota § 27-20.1-06

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-20.1: Guardianship of a Child

Text

1. The petition must state that an order to appoint a guardian of a child is requested and
the effect will be as stated in section 27-20.1-13.
2. The petition must also contain information required by rule 3 of the North Dakota Rules
of Juvenile Procedure and include:
a. The name, address, and telephone number of the petitioner and the petitioner's
relationship to the child;
b. The full legal name and date of birth of the child, accompanied by a certified copy
of the child's birth certificate unless the petitioner shows good cause for why the
child's birth certificate is unavailable;
c. The name, last known address, and telephone number of the mother and the
name, last known address, and telephone number of the father, alleged father, or
presumed father;
d. If the name, last known address, or telephone number of the parents is not
included, detailed information concerning the efforts made to locate the parents;

e. The name, last known address, and telephone number of the persons having
parental rights or visitation rights and the name, address, and telephone number
of the persons or entity having the care, custody, or control of the child;
f. The names, current addresses, and telephone numbers of the persons with
whom the child currently lives;
g. The names, addresses, and telephone numbers of the persons with whom the
child has lived during the last five years;
h. The names of any siblings or half-siblings of the child and with whom each sibling
and half-sibling currently lives;
i. The name and address of the proposed guardian, if different from the petitioner;
j. The occupation and qualifications of the proposed guardian;
k. The names, addresses, and telephone numbers of the spouse, parents, adult
children, any adult siblings of the proposed guardian, and any adult who resides
with or may reside with the proposed guardian;
l. A brief description and the approximate value of the real and personal property
and income of the child, so far as they are known to the petitioner;
m. A brief description and the approximate value of any anticipated income of the
child;
n. A statement regarding each parent that:
(1) The parent is deceased, accompanied by a copy of the death certificate;
(2) The parent consents to the guardianship, accompanied by an affidavit of the
parent indicating consent and any limitations on the guardian's duties under
section 27-20.1-15;
(3) The parent's rights have been previously terminated, accompanied by a
certified copy of the court order terminating parental rights; or
(4) The parent has a child in need of protection as that term is defined under
section 27-20.1-01;
o. A statement whether the petitioner:
(1) Has participated, as a party, a witness, or in any other capacity, in any other
proceeding concerning the custody of or visitation with the child and, if so,
identify the court, the case number, and the date of the child custody
determination, if any; and
(2) Knows of any proceeding that could affect the current proceeding, including
proceedings for child support enforcement and proceedings relating to
domestic violence protective orders, termination of parental rights, and
adoptions and, if so, identify the court, the case number, and the nature of
the proceeding;
p. A statement setting forth the reasons why the petition is in the child's best
interests; and
q. A statement of whether the child is an Indian child as defined under Public
Law 95-608 [92 Stat. 3069; 25 U.S.C.1903]. If the child is an Indian child, the
petition must comply with the requirements of Public Law 95-608 [92 Stat. 3071;
25 U.S.C. 1911 et seq.].