Matter of J.G.
2013 ND 26
| N.D. | 2013Background
- J.S.L.F. is a minor born in 2008 to B.F. and S.M.L.
- Grand Forks County Social Services repeatedly investigated the child’s safety and welfare due to neglect and maltreatment between 2008–2010.
- Mother moved with child to various locations; father largely absent and only minimally involved after 2009.
- On Nov 15, 2010 the mother consented to guardianship by G.S., G.J., and K.C.; temporary guardianship followed when she took the child back with police aid.
- Ex parte temporary guardianship was entered Nov 18, 2010 without notice to father and without a hearing on the guardianship petition.
- District court ultimately appointed G.S., G.J., and K.C. as permanent guardians in 2011, finding parental rights suspended by circumstances; father appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether parental rights were suspended by circumstances to justify guardianship | B.F. argues rights were not suspended by circumstances | guardians argue rights were suspended by circumstances to protect the child | No; rights were not suspended by circumstances; guardianship reversed. |
| Whether guardianship under 30.1-27-04 improperly tests parent's fitness | B.F. contends 30.1-27-04 was misused to bypass juvenile procedures | guardians argue statute allows guardianship when rights are suspended by circumstances | Proceedings under 30.1-27 are inappropriate for testing parental fitness. |
| Whether abandonment supported suspension or termination of parental rights | B.F. contends no abandonment; maintained contact and support | guardians relied on alleged abandonment to justify guardianship | Record does not support abandonment; no suspension by abandonment. |
Key Cases Cited
- Hamers v. Guttormson, 2000 ND 93 (ND) (parental custody priorities but not absolute; exceptional circumstances may favor third-party custody)
- In re Adoption of S.R.F., 2004 ND 150 (ND) (factors for abandonment and parental duties relevant to guardianship/adoption)
- In re A.M.W., 2010 ND 154 (ND) (factors for abandonment and parental intent in custody matters)
- In re A.M.M., 529 N.W.2d 864 (ND) (considerations of parental duties and abandonment in custody actions)
- Guardianship of Copenhaver, 865 P.2d 979 (Idaho 1993) (defines suspension by circumstances as depriving parent of ability to assume duties)