Minor Guardianship

Overview

A minor child is an individual who is under eighteen (18) years of age.

A guardianship of a minor child is a state court process where a judge appoints a guardian to act in the place of a parent of the minor child.  A legal relationship is created between the guardian and the minor child, allowing the guardian to care for and make decisions on behalf of the minor child.

Any person whose appointment is in the best interests of the minor child may be appointed guardian by a state court.

A guardianship doesn't terminate or sever the parent’s parental rights.

For more information about resources available to assist kinship caregivers, including guardians of minor children, go to Kinship ND.

Power of Attorney, Guardianship & Adoption Comparison Chart

Two State Court Processes for Establishing Guardianship of a Minor Child

In North Dakota there are two different state court processes to establish a guardianship for a minor child:

• North Dakota State District Court:
  • The minor child’s parent is deceased and there is no other living parent, or any other living parent’s parental rights are terminated by court order;
  • The deceased parent left a will;
  • The deceased parent’s will named a guardian (or guardians) for the minor child; AND
  • The deceased parent’s will is being probated in a North Dakota state district court.

• North Dakota Juvenile Court:
  • The circumstances don't meet the requirements to petition a North Dakota state district court.
  • Generally, North Dakota Juvenile Court holds an in-court hearing before appointing a guardian.
  • A North Dakota Juvenile Court may appoint a guardian without holding an in-court hearing only when:
    • All living parents of the minor child consent in writing to the appointment of a specific guardian (or guardians). If a living parent’s parental rights are terminated by court order, the parent’s consent isn't required. OR
    • All parents are either deceased, or their parental rights are terminated by court order.

Criminal Background Checks  

Before a North Dakota state court may appoint a guardian for a minor child, a criminal background check is required.

Proposed guardians in North Dakota State District Court guardianships must file a criminal history record check report before the Court may approve the appointment. For information about the process, instructions and forms, go to the North Dakota Attorney General website.

Proposed guardians in North Dakota Juvenile Court guardianships must complete a criminal history record investigation through the North Dakota Department of Human Services.  All adults who will be living with the proposed guardian(s) must also complete criminal history record investigations. For information about the process, instructions and forms, go to the North Dakota Department of Human Services website. 

• Obtain a Criminal History Background Check for Juvenile Court

Training Course for Guardianships of Minor Children 

Learn when a guardianship of a minor child is needed, the responsibilities of a guardian of a minor child, and how to start a case to ask a North Dakota state court to appoint a guardian of a minor child.

• ND Guardianship of Minor Child Training Course

Forms and Guides for Guardianships of Minors

Forms aren't available for every situation or circumstance.  If you don't find a form that suits your circumstances on this website, the form isn't available through the North Dakota Legal Self Help Center.

You may need to create legal documents yourself.  The General-Use forms in the District Court Civil Section or the Juvenile Court Section of this webpage may be used as a starting point for creating your own legal documents.

• North Dakota State District Court Minor Guardianship Forms and Guides
  
  • Minor guardianships established as part of the probate of a deceased parent’s will.
  • Includes forms and instructions for:
    • Accepting the nomination as guardian of a minor child in a deceased parent’s will.
    • Declining (turning down) the nomination as guardian of a minor child in a deceased parent’s will.
    • Objecting to the person nominated as guardian of a minor child in a deceased parent’s will.
• North Dakota Juvenile Court Minor Guardianship Forms and Guides
  
  • Minor guardianships that don't meet the requirements for North Dakota State District Court appointment of a guardian.
  • Includes a variety of forms and instructions.
• North Dakota Juvenile Court Emergency Guardianship Forms and Guides
  
  • A Juvenile Court may appoint an emergency guardian if using the non-emergency process is likely to result in substantial harm to the minor child’s health, safety or welfare, and appointing an emergency guardian is in the best interest of the child.
  • An emergency guardianship can last no more than 60 days from the date of the required hearing.
• Request to Hold Hearing by Reliable Electronic Means or to Attend Hearing by Reliable Electronic Means
  
  • If you’re required to attend a Juvenile Court guardianship hearing in-person at the courthouse, you may ask the Juvenile Court for permission to:
    • Hold the hearing by reliable electronic means (remotely), instead of in-person at the courthouse; or
    • Allow you, another party, or witness to appear at the hearing by reliable electronic means (remotely), instead of in-person at the courthouse.
• Beginning Inventory Report
  • Beginning Inventory Report Instructions
  • Beginning Inventory Report
  • Beginning Inventory Report Affidavit of Service
• Annual Report
  • Minor Guardianship Annual Report and Instructions
• Guardianship Review Hearings
  • Frequently Asked Questions about Review Hearings
• Terminate Guardianship and Discharge Guardian(s) Forms
  • Terminate Because Child Turned 18, was Adopted, was Married, or Died
  • Terminate Because Parents Withdrew Consent, or Reasons for Guardianship No Longer Exist
• Final Report of Guardianship
  • Final Report
• Out of State Court or Tribal Court Guardianships
  • Register an Out of State Court or Tribal Court Guardianship Order

Selected Statutes (Laws) & Rules

Following are legal research starting points related to guardianships of minor children. You may need to conduct additional legal research into your legal issue.  See the Legal Research Section of this webpage.

• Chapter 14-14.1 of the North Dakota Century Code
• Chapter 27-20.1 of the North Dakota Century Code
• Chapter 27-20.2 of the North Dakota Century Code
• Chapter 27-20.3 of the North Dakota Century Code
• Chapter 30.1-27 of the North Dakota Century Code
• Chapter 50-11.3 of the North Dakota Century Code
• The North Dakota Rules of Civil Procedure
• The North Dakota Rules of Evidence
• The North Dakota Rules of Juvenile Procedure

Other Resources

Following are other resources that may be of interest.

• Legal Research Resources for North Dakota Guardianships of Minors (Flickertale, July 2019, Pages 11-12)
• District Court General Use Checklists & Forms
• District Court Service Instructions and Forms
• Juvenile Court General Use Checklists & Forms
• Juvenile Court Service Instructions and Forms
• Power of Attorney
• Uniform Non-Parent Custody and Visitation Act
• Kinship ND

If you don't understand any of this information, or if you have trouble filling out any of the forms located here, please see an attorney for help.

The information provided on and obtained from this site doesn't constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn't liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county