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Interest of A.D.

Docket No. 20200299
Oral Argument: Waived

Docket Info

Title
In the Interest of the Guardianship of A.D.
----------
S.K. and A.K., Petitioners and Appellees
v.
A.D., Child; M.K., Mother;
Jim Jacobson, Guardian ad Litem; Respondents
and
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
2021 ND 205966 N.W.2d 540

Highlight

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the findings and order of the judicial referee have the effect of the findings and order of the district court until superseded by a written order of a district court judge.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.


Briefs

Filing Date Description
03/16/2021 APPELLANT BRIEF View
05/14/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Laura Claire Ringsak - 08146
APPELLEE PRIVATE PRACTICE Patrick William Waters - 08505

(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
14 03/16/2021 APPELLANT BRIEF View
15 03/16/2021 APPELLANT APPENDIX
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
20 05/14/2021 APPELLEE BRIEF View
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)
28 11/17/2021 DISPOSITION
29 11/17/2021 UNANIMOUS OPINION : Tufte, Jerod E. View
30 11/17/2021 Judgment View
31 12/10/2021 MANDATE