Guardianship of Barros
Docket No. 20040255
Oral Argument:
Monday, March 28, 2005 10:45am
Docket Info
- Title
- In the Matter of Guardianship
of Steven Michael Barros, a
Minor
----------------------
Machelle Barros, Petitioner and Appellant
v.
Guy and Devra Smestad, Respondents and Appellees - Case Type
- CIVIL APPEAL : GUARDIAN/CONSERVATOR
- Appeal From
-
Case No. 02-P-0148
North Central Judicial District, Ward County
Gary A. Holum
2005 ND 122701 N.W.2d 402
Highlight
To terminate a voluntary guardianship, a fit parent must prove by a preponderance of the evidence that the impediments leading to the creation of the guardianship have been removed.
A rebuttable presumption exists that parental custody is in the best interests of the child.
The guardians must overcome the presumption that parents have a superior right to the custody of their children and prove by a preponderance of the evidence that it is in the child's best interest to continue the guardianship.
Counsel
There are no counsel to show.(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 09/13/2004 | NOTICE OF APPEAL : 09/10/2004 | |
2 | 09/13/2004 | ORDER FOR TRANSCRIPT : 09/10/2004 | |
3 | 09/15/2004 | RETENTION OF RECORD ON APPEAL (copy of letter from Laurel Marsh to Val Weaver) : 10/30/2004 | |
4 | 09/15/2004 | Copy of letter from Laurel Marsh to Lynn Boughey RE: Request for payment of trans. | |
5 | 10/11/2004 | RECORD ON APPEAL (2 vols.) and Exhibits | |
6 | 10/27/2004 | TRANSCRIPT DATED April 19, 2004 | |
7 | 10/28/2004 | DISK - tra of April 19, 2004 | |
8 | 12/06/2004 | MOT. EXT/TIME APPELLANT BRIEF (faxed) | |
9 | 12/06/2004 | E-FILED MOTION (MAT) | |
10 | 12/06/2004 | ACTION BY CLERK (MAT) - Granted : 12/20/2004 | |
11 | 12/20/2004 | APPELLANT BRIEF | View |
12 | 12/20/2004 | APPELLANT APPENDIX | |
13 | 12/21/2004 | DISK - ATB | |
14 | 12/30/2004 | Notice of Change of Counsel: Charles Demakis for Gary Lee & affidavit of service | |
15 | 01/03/2005 | Corrected TOA for ATB | |
16 | 01/18/2005 | APPELLEE BRIEF | View |
17 | 01/18/2005 | Addendum of Appellees (attached to Appellee's Brief) | |
18 | 01/18/2005 | DISK - aeb (e-mailed) | |
19 | 03/28/2005 | APPEARANCES: Lynn M. Boughey; Charles G. DeMakis | |
20 | 03/28/2005 | ARGUED: Boughey; DeMakis (Vol. Z, Pg. 96) | |
21 | 03/28/2005 | The argument was not webcast at the direction of the Court | |
22 | 07/13/2005 | DISPOSITION (REMANDED) | |
23 | 07/13/2005 | SPLIT OPINION : Maring, Mary Muehlen | View |
24 | 07/13/2005 | (CONCURRING AND DISSENTING) : Kapsner, Carol Ronning | |
25 | 07/13/2005 | Costs on appeal awarded in favor of Appellant | |
26 | 07/14/2005 | Judgment Mailed to Parties | |
27 | 07/29/2005 | Notice of Entry of Judgment w/attachment & Cert. of Service | |
28 | 08/04/2005 | MANDATE | |
29 | 08/08/2005 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
30 | 11/08/2011 | EXPUNGED - Nonpermanent record items destroyed |