In a proceeding for appointment of a guardian pursuant to the Kinship Guardianship Act:

1. A. the court shall appoint a person nominated by a child who has reached the age of fourteen unless the court finds the nomination contrary to the best interests of the child; and
2. B. the court shall not appoint a person as guardian if a child who has reached the age of fourteen files a written objection in the proceeding before the person accepts appointment as guardian unless the court makes a specific finding that it is in the best interest of the child.

History: Laws 2001, ch. 167, § 11; 2023, ch. 90, § 27.

ANNOTATIONS

The 2023 amendment, effective July 1, 2023, authorized the court to appoint a person as guardian even if a child who has reached the age of fourteen files a written objection, provided the court makes a specific finding that it is in the best interest of the child; and in Subsection B, after "appointment as guardian", added "unless the court makes a specific finding that it is in the best interest of the child".