§ 27-20.1-11 — Appointment of guardian of a child

North Dakota § 27-20.1-11

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

Text

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:
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.