Interest of A.D.
- In the Interest of the Guardianship of A.D.
S.K. and A.K., Petitioners and Appellees
A.D., Child; M.K., Mother;
Jim Jacobson, Guardian ad Litem; Respondents
L.D., Father; Respondent and Appellant
- Case Type
- CIVIL APPEAL : JUVENILE LAW
- Appeal From
Case No. 2020-JV-00077
South Central Judicial District, Burleigh County
David E. Reich
Under N.D. Sup. Ct. Admin. R. 13, § 10(a), the findings and order of the judicial referee have the effect of the findings and order of the district court until superseded by a written order of a district court judge.
Juvenile court’s finding that father abandoned child is not clearly erroneous when the father has not provided care for or had any contact with the child since 2007 or 2008, and has not made any significant attempts to locate the child or have the child placed in his care.
Juvenile court is not required to specifically identify and discuss each best interest factor if the Court is able to discern how the juvenile court’s findings apply to the best interest factors.
When a child is deprived by the parents, no finding of exceptional circumstances is required to be made by the juvenile court to grant a guardianship. The finding of deprivation eliminates the need for a finding of exceptional circumstances.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||11/13/2020||NOTICE OF APPEAL|
|2||11/13/2020||ORDER FOR TRANSCRIPT : 11/17/2020|
|3||11/16/2020||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||11/16/2020||Notice served on Justin M. Balzer, Patrick W. Waters, Alex Kelsch, Kyle Weinberger, & Jim Jacobson|
|5||11/19/2020||Amended Order for Transcript|
|6||12/09/2020||ELEC. RECORD ON APPEAL DATED DECEMBER 8, 2020 (ENTRY NOS. 1-18, 21-130)|
|7||01/16/2021||ELECTRONIC TRANSCRIPT DATED AUGUST 4, 2020|
|8||01/16/2021||ELECTRONIC TRANSCRIPT DATED AUGUST 4, 2020 REDACTION KEY|
|9||01/16/2021||TRANSCRIPT CERTIFICATE OF SERVICE|
|10||01/26/2021||Rec'd corrections to Transcript and Key dated 8/4/20 (redactions)|
|11||01/26/2021||Transcript Certificate of Service|
|12||02/22/2021||MOT. EXT/TIME APPELLANT BRIEF|
|13||02/23/2021||ACTION BY CHIEF DEPUTY CLERK - Granted : 03/18/2021|
|16||03/17/2021||Rec'd non-substantive corrections to ATB (redaction)|
|17||03/22/2021||Rec'd 5 copies of ATB & 4 copies of ATA from CSD|
|18||04/04/2021||MOT. EXT/TIME APPELLEE BRIEF|
|19||04/06/2021||ACTION BY CLERK - Granted : 05/14/2021|
|21||05/14/2021||Proof of Service of AEB filed on May 14, 2021|
|22||05/17/2021||Rec'd non-substantive corrections to AEB (redaction, missing para 14)|
|23||05/18/2021||ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT|
|24||05/20/2021||Rec'd corrected AEB c.o.s.|
|25||05/24/2021||Rec'd 4 copies of AEB from CSD|
|26||06/29/2021||APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(c)|
|27||06/29/2021||ARGUED: Waived under N.D.R.App.P. 34(a)(1)(c)|
|29||11/17/2021||UNANIMOUS OPINION : Tufte, Jerod E.||View|