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Legal Statutes: North Dakota

UPDATED December 17, 2015

North Dakota Statutes

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Chapter 14-09. Parent and Child

back to top14-09-06.4. Appointment of guardian ad litem or investigator for child in proceedings involving parental rights and responsibilities--Immunity

In any action for an annulment, divorce, legal separation, or other action affecting marriage, when either party has reason for special concern as to the future of the minor child, and in any action when the parenting rights and responsibilities concerning the child is contested, either party to the action may petition the court for the appointment of a guardian ad litem to represent the child concerning parenting rights and responsibilities. The court may appoint a guardian ad litem or investigator on its own motion. If appointed, a guardian ad litem shall serve as an advocate of the child's best interests. If appointed, the investigator shall provide those services as prescribed by the supreme court. The court may direct either or both parties to pay the guardian ad litem or investigator fee established by the court. If neither party is able to pay the fee, the court may direct the fee to be paid, in whole or in part, by the county where the child resided at the time the action was commenced. The court may direct either or both parties to reimburse the county, in whole or in part, for such payment. Any guardian ad litem or investigator appointed under this section who acts in good faith in making a report to the court is immune from any civil liability resulting from the report. For the purpose of determining good faith, the good faith of the guardian ad litem or investigator is a disputable presumption.
S.L. 1981, ch. 170, § 1; S.L. 2001, ch. 150, § 2; S.L. 2009, ch. 149, § 7, eff. Aug. 1, 2009.