Guardianships of Children in North Dakota Juvenile Court

You may use these forms if:

1. All of the child’s parents are deceased but no parent left a will (or the will did not nominate a guardian for the child).

2. The child’s parent is deceased but did not leave a will (or the will did not nominate a guardian for the child) AND all other living parents’ parental rights have been terminated by court order.

3. The child’s parents agree (consent) in writing to the guardianship.
   • (Parents whose parental rights have been terminated are not required to consent in writing.)

4. The child is a child in need of protection.
   • (A child in need of protection is partially defined as “a child who is without the proper parental care or control, subsistence, education as required by law, or other care or control necessary for the child's physical, mental, or emotional health, or morals, and the need for services or protection is not due primarily to the lack of financial means of the child's parents, guardian, or other custodian.”)

The in-court hearing may be waived (not held) if:

If your circumstances fit into 1, 2, or 3 above, you may ask the Juvenile Court to waive, or not hold, the in-court hearing.  The court will decide whether to waive the in-court hearing based on the documents filed with the court.

The in-court hearing cannot be waived if:

If the child is a child in need of protection (4 above), the Juvenile Court must hold at least one in-court hearing.

IMPORTANT: ND Legal Self Help Center staff and court employees are not allowed to give legal advice and cannot help you create legal documents or complete any forms. If you are unsure how to proceed, consult an attorney.

Instructions and Forms When ALL Parents Consent IN WRITING to the Guardianship

Instructions and forms for the Petitioner/Co-Petitioners who want to be appointed Guardian/Co-Guardians:

• Instructions When ALL Parents Consent IN WRITING
• Petition for Guardianship (Written Consent of Parents)
• Exhibit A: Petition for Guardianship Additional Presumed or Alleged Fathers
• Affidavit in Support of Petition for Guardianship (Written Consent of Parents)
• Affidavit of Parent Consenting to Guardianship
• Order Appointing Guardian ad Litem
• Summons (Hearing Waived)
• Summons (Hearing Scheduled)
• Affidavit of Service by Personal Delivery
• Affidavit of Service by Mail
• Findings of Fact and Order Appointing Guardian of Child (Hearing Waived)
• Findings of Fact and Order Appointing Guardian of Child (Hearing Held)
• Letters of Guardianship

Form to object to guardianship and demand a hearing:

• Objection to Appointment of Guardian and Demand for Hearing

Instructions and Forms When ALL Parents are Deceased OR Their Parental Rights Terminated

Instructions and forms for the Petitioner/Co-Petitioners who want to be appointed Guardian/Co-Guardians:

• Instructions When ALL Parents are Deceased or Their Parental Rights Terminated
• Petition for Guardianship (Parents Deceased or Parental Rights Terminated)
• Exhibit A: Petition for Guardianship Additional Presumed or Alleged Fathers
• Affidavit in Support of Petition for Guardianship (Parents Deceased or Parental Rights Terminated)
• Order Appointing Guardian ad Litem
• Summons (Hearing Waived)
• Summons (Hearing Scheduled)
• Affidavit of Service by Personal Delivery
• Affidavit of Service by Mail
• Findings of Fact and Order Appointing Guardian of Child (Hearing Waived)
• Findings of Fact and Order Appointing Guardian of Child (Hearing Held)
• Letters of Guardianship

Form to object to guardianship and demand a hearing:

• Objection to Appointment of Guardian and Demand for Hearing

Instructions and Forms When the Child is a Child in Need of Protection

Instructions and forms for the Petitioner/Co-Petitioners who want to be appointed Guardian/Co-Guardians:

• Instructions for Guardianship When the Child is a Child in Need of Protection
• Petition for Guardianship (Child in Need of Protection Alleged)
• Exhibit A: Petition for Guardianship Additional Presumed or Alleged Fathers
• Affidavit in Support of Petition for Guardianship (Child in Need of Protection Alleged)
• Order Appointing Guardian ad Litem
• Summons (Hearing Scheduled)
• Affidavit of Service by Personal Delivery
• Affidavit of Service by Mail
• Findings of Fact and Order Appointing Guardian of Child (Hearing Held)
• Letters of Guardianship

If you do not 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 does not 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 is not 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.