North Dakota § 27-20.1-07 Procedure upon filing of petition

North Dakota Statutes

§ 27-20.1-07 — Procedure upon filing of petition

North Dakota § 27-20.1-07

Title 27Judicial Branch of Government

Ch. 27-20.1Guardianship of a Child

This text of North Dakota § 27-20.1-07 (Procedure upon filing of petition) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 27-20.1-07 (2026).

Text

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.

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

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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.
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.