What court handles a guardianship of a minor petition in North Dakota?

Juvenile court, which North Dakota law defines as the district court of the state sitting in that capacity, under North Dakota Century Code chapter 27-20.1. The only exception is a parent's will-based nomination of a guardian, which is first presented to the district court sitting in probate under chapter 30.1-27; if that court does not approve the nominee's acceptance, the case moves to juvenile court.

Is there an official North Dakota guardianship of a minor petition form?

North Dakota's Legal Self-Help Center publishes statewide Petition for Guardianship forms in JCG WCP, JCG Dep, or JCG Dec versions, depending on whether the parents consent, a child in need of protection is alleged, or a parent has died or had rights terminated, plus a separate packet for an emergency guardian. The court's form controls, and a drafted petition is a working document to prepare for filing, not a substitute for it.

How long can an emergency guardian serve in North Dakota?

No more than 60 days from the date of the hearing on the appropriateness of the appointment. The court may extend the emergency guardianship for up to 6 months beyond that. An emergency guardian may be appointed without prior notice on a sworn showing that the child will otherwise be substantially harmed before a hearing can be held.

Does a North Dakota guardianship end a parent's parental rights?

No. Guardianship is a court order that manages the child's care; it does not terminate a parent's parental rights and is not adoption. While it is in effect, the parent keeps the parenting-time and information rights set by the order and remains primarily responsible for the child's financial support, and a parent may later ask the court to end the guardianship.

Who must be notified of a North Dakota guardianship petition?

The petition must name and give the last-known address of both parents, any person with parental or visitation rights, the child's current caregiver, anyone the child has lived with over the last five years, and the caregivers of the child's siblings. A summons must be served on the parents and, if the child is 14 or older, on the child, and ICWA notice applies if the child is an Indian child.

Does a North Dakota child have to consent to a guardianship?

No statute requires a minor's own consent to a guardianship in North Dakota. A child who is 14 or older must instead be served the guardian ad litem's report, may petition to modify, remove, or terminate the guardianship, and the court may give substantial weight to their stated preference, and must if it finds the child mature enough.

What background check does a North Dakota guardian need?

Before appointment, the proposed guardian must undergo a criminal history record investigation, and every other adult living in that guardian's household must also undergo one. Both are fingerprinted for a state Bureau of Criminal Investigation check and a nationwide FBI check.

Is bond required for a North Dakota guardian of a minor?

Not for a guardian of the child's person; North Dakota's list of a guardian's powers and duties includes no bond requirement. A bond is required only if the child has significant assets and a conservator of the child's estate is separately appointed, and even then the court may reduce or waive that bond for good cause.

What is North Dakota's alternative to a court guardianship?

A parent or guardian may delegate parental powers over the child's care, custody, or property to another person by a properly executed power of attorney, for a period not exceeding six months. It is a private arrangement, not filed with or approved by a court, and it cannot authorize consent to the child's marriage or adoption.

What if a child is in danger right now in North Dakota?

If a child faces abuse, neglect, or immediate danger, contact North Dakota's child protective services or local law enforcement, and consider the protective order process. A guardianship petition by itself is not an emergency safety intervention.

Is a North Dakota guardianship the right process for a custody dispute between parents?

No. A dispute between a child's own parents over custody or parenting time is handled through a custody or parenting-plan process, not through a guardianship petition.

North Dakota Guardianship of a Minor Petition

North Dakota files nearly every minor guardianship in juvenile court under its own child-protection-style chapter rather than probate, caps an emergency guardian at 60 days from the hearing unless the court extends it up to 6 months, and fingerprints the proposed guardian and every other adult in that guardian's household before appointment.

Find out where you stand in North Dakota

Where are you with the guardianship?

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Introduction

North Dakota files a guardianship of a minor in juvenile court, which state law defines as the district court sitting in that capacity, under North Dakota Century Code chapter 27-20.1. The one exception is a parent's will-based nomination, first presented to the district court sitting in probate under chapter 30.1-27. North Dakota's Legal Self-Help Center publishes a statewide Petition for Guardianship in JCG WCP, JCG Dep, or JCG Dec versions depending on parental consent, an alleged child in need of protection, or a parent's death or termination of rights, and the court's form controls. For an urgent situation, the court may appoint an emergency guardian, who may remain in place for no more than 60 days from the date of the hearing on the appointment, with the court able to extend that emergency guardianship for up to 6 months. Absent the parents' written consent, or both parents' death or termination of rights, the petitioner must show the child is a child in need of protection. Before appointment, both the proposed guardian and every other adult in that guardian's household must complete a fingerprint-based criminal history investigation. A parent who needs only short-term help can instead delegate parental powers by power of attorney for up to six months, without going to court. A guardianship does not end a parent's parental rights and is not adoption. Attorney review is available before you file.

Key Things to Know

1
North Dakota guardianship of a minor is filed in juvenile court, the district court sitting in that capacity, under N.D.C.C. ch. 27-20.1, except a parent's will-based nomination, first presented to the district court sitting in probate under ch. 30.1-27. The Legal Self-Help Center publishes a statewide Petition for Guardianship in JCG WCP, JCG Dep, or JCG Dec versions depending on parental consent, an alleged child in need of protection, or a parent's death or termination of rights, and the court's form controls.
2
This guardianship does not terminate a parent's parental rights and is not adoption. While it is in effect, the parent keeps the parenting-time and information rights set by the order and inheritance rights from the child, and remains primarily responsible for the child's financial support.
3
An emergency guardian may be appointed on a sworn showing that the child will be substantially harmed before an ordinary hearing can be held, even without prior notice to the parents. The emergency guardian may remain in place for no more than 60 days from the date of the hearing on the appointment, and the court may extend that emergency guardianship for up to 6 months.
4
The petition must name and give the last-known address of both parents, any person with parental or visitation rights, the child's current caregiver, and anyone the child has lived with over the last five years. A summons must be served on the parents and, if the child is 14 or older, on the child.
5
North Dakota does not require a minor's own consent to a guardianship, but a child 14 or older must be served the guardian ad litem's report, may petition to modify, remove, or terminate the guardianship, and the court may give substantial weight to their preference, and must if it finds the child mature enough.
6
The parents' written consent by affidavit is one of the gateways that lets the court appoint a guardian without the higher child in need of protection showing. If a consent petition is unopposed, an objection must be filed within 10 days of service, or the court may appoint the guardian without a hearing based on the guardian ad litem's report.
7
A guardian ad litem is appointed in every case, and before appointment, both the proposed guardian and every other adult living in that guardian's household must complete a fingerprint-based criminal history investigation. Bond is not required for a guardian of the child's person; bond applies only if a conservator is separately appointed for the child's estate.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

Open the Guardianship of a Minor Petition guide

Customize your Guardianship of a Minor Petition Template with DocDraft

IN THE DISTRICT COURT, SITTING AS JUVENILE COURT [COUNTY] COUNTY, STATE OF NORTH DAKOTA

IN THE INTEREST OF [CHILD'S FULL NAME], A MINOR CHILD

File No. [FILE NUMBER]

PETITION FOR GUARDIANSHIP OF A MINOR CHILD

TO THE HONORABLE COURT:

Petitioner, [PETITIONER'S FULL NAME], residing at [PETITIONER'S ADDRESS], respectfully states:

PETITIONER AND RELATIONSHIP Petitioner is the [RELATIONSHIP TO CHILD] of the minor child named below and requests appointment as guardian of the child.
THE CHILD [CHILD'S FULL NAME], born [DATE OF BIRTH], currently resides at [CHILD'S CURRENT ADDRESS], where the child has lived since [DATE CHILD BEGAN RESIDING THERE]. Over the last five years, the child has also lived with [NAMES AND ADDRESSES OF OTHER PERSONS THE CHILD HAS LIVED WITH, OR NO ONE ELSE].
PARENTS Mother: [MOTHER'S FULL NAME], last known address [MOTHER'S ADDRESS OR WHEREABOUTS UNKNOWN]. Father: [FATHER'S FULL NAME], last known address [FATHER'S ADDRESS OR WHEREABOUTS UNKNOWN]. Status of each parent: [WHETHER LIVING, DECEASED, OR RIGHTS TERMINATED, AND WHETHER EACH PARENT CONSENTS TO THIS APPOINTMENT].
BASIS FOR GUARDIANSHIP This petition is based on [PARENTAL WRITTEN CONSENT BY AFFIDAVIT, ATTACHED AS EXHIBIT A; THE DEATH OR TERMINATION OF RIGHTS OF BOTH PARENTS; OR FACTS SHOWING THE CHILD IS A CHILD IN NEED OF PROTECTION, DESCRIBED AS FOLLOWS: DESCRIPTION OF THE FACTS].
OTHER PERSONS WITH AN INTEREST Persons with parental or visitation rights, the child's current caregiver if different from petitioner, and the caregivers of the child's siblings are: [NAMES, RELATIONSHIPS, AND ADDRESSES, OR NONE KNOWN].
PROPOSED GUARDIAN'S QUALIFICATIONS Petitioner is [AGE] years old and is able to provide for the child's care, custody, and support because [FACTS SHOWING PETITIONER'S QUALIFICATIONS].
PROPERTY OF THE CHILD [DESCRIPTION OF THE CHILD'S PROPERTY, OR NONE KNOWN]. Petitioner [DOES OR DOES NOT] request that a conservator be appointed for the child's estate under North Dakota Century Code chapter 30.1-29.
GUARDIAN AD LITEM Petitioner understands the court will appoint a guardian ad litem for the child upon approval of this petition.
EMERGENCY GUARDIANSHIP Petitioner [DOES OR DOES NOT] request appointment as emergency guardian under North Dakota Century Code section 27-20.1-18, because compliance with the ordinary procedures of chapter 27-20.1 will likely result in substantial harm to the child's health, safety, or welfare, as follows: [FACTS SHOWING THE CHILD WILL BE SUBSTANTIALLY HARMED BEFORE A HEARING CAN BE HELD, OR NOT APPLICABLE].
RELIEF REQUESTED Petitioner asks the court to appoint petitioner guardian of the child, issue letters of guardianship, and grant such other relief as the court deems proper.

VERIFICATION

I, [PETITIONER'S FULL NAME], declare under penalty of perjury under the laws of the State of North Dakota that the foregoing is true and correct to the best of my knowledge.

Executed on [DATE] at [CITY], North Dakota.

[SIGNATURE] [PETITIONER'S FULL NAME] [ADDRESS] [CITY, NORTH DAKOTA ZIP] [PHONE] [EMAIL]

North Dakota Requirements for Guardianship of a Minor Petition

Juvenile Court Has Exclusive Jurisdiction
The juvenile court, the district court of the state sitting in that capacity, has exclusive original jurisdiction over a child's guardianship, except a will-based testamentary nomination, which is first presented to the district court sitting in probate under chapter 30.1-27 (N.D.C.C. sections 27-20.1-02, 27-20.2-01(16)).
Statewide Petition Forms by Track
North Dakota's Legal Self-Help Center publishes statewide Petition for Guardianship forms in JCG WCP, JCG Dep, or JCG Dec versions depending on parental consent, an alleged child in need of protection, or a parent's death or termination of rights, plus a separate emergency-guardianship packet; the court's form controls.
Emergency Guardianship Capped at 60 Days
An emergency guardian may remain in place for no more than 60 days from the date of the hearing on the appropriateness of the appointment, and the court may extend the emergency guardianship for up to 6 months beyond that (N.D.C.C. section 27-20.1-18).
Notice Reaches Caregivers and Five-Year Residence History
The petition must name and give the last-known address of both parents, any person with parental or visitation rights, the child's current caregiver, anyone the child has lived with over the last five years, and the caregivers of the child's siblings (N.D.C.C. section 27-20.1-06(2)).
Age 14 Triggers Service and Preference Weight
A child who is 14 or older must be served the summons and the guardian ad litem's report, may petition to modify, remove, or terminate the guardianship, and the court may give substantial weight to their stated preference, and must if it finds the child mature enough (N.D.C.C. sections 27-20.1-11(2), 27-20.1-16(2)-(3)).
Parental Consent Avoids the Child in Need of Protection Showing
The parents' written consent by affidavit is one of the gateways that lets the court appoint a guardian without proving the child is a child in need of protection; an unopposed consent petition can proceed without a hearing if no objection is filed within 10 days of service (N.D.C.C. sections 27-20.1-08(3), 27-20.1-11(1)).
Household-Wide Fingerprint Background Check
Before appointment, the proposed guardian and every other adult living in that guardian's household must undergo a fingerprint-based criminal history record investigation through the state Bureau of Criminal Investigation and the FBI (N.D.C.C. section 50-11.3-01).
Bond Applies Only to a Conservator of the Estate
A guardian of the child's person is not required to post bond. Bond is required only if a conservator is separately appointed for the child's significant assets, and the court may reduce or waive that bond for good cause (N.D.C.C. sections 27-20.1-15, 30.1-29-11).
Guardianship Orders Expire on a One-to-Three-Year Cycle
Every guardianship order is effective for up to one year, or a different court-set term for good cause, and may not be effective for more than three years at a stretch, so the court must hold a review hearing and reappoint the guardian to continue it (N.D.C.C. section 27-20.1-17(1)).

Find out where you stand in North Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

North Dakota Requirements for Guardianship of a Minor Petition

Juvenile Court Has Exclusive Jurisdiction

Statewide Petition Forms by Track

Emergency Guardianship Capped at 60 Days

Notice Reaches Caregivers and Five-Year Residence History

Age 14 Triggers Service and Preference Weight

Parental Consent Avoids the Child in Need of Protection Showing

Household-Wide Fingerprint Background Check

Bond Applies Only to a Conservator of the Estate

Guardianship Orders Expire on a One-to-Three-Year Cycle

Frequently Asked Questions