Legal Question in Family Law in North Dakota

Temporary or full guardianship of a minor against his will

My 13 year old son wanted to stay with his Aunt (my sister) in North Dakota. She is an addiction counselor there and offered to get my son some help dealing with some issues related to his relationship with me and the loss of his father almost a year ago. I have recently been issued an affidavit that states my sister wants custody of my son and includes accusations that I am unfit to be a parent to my son. Should I contact the authorities since recent communication with my son indicated that he was being held against his own will? My sister and I never had a verbal or written agreement as to the guardianship of my son and never was discussed based on the fact I was letting my son go stay with her under the pretense that she was going to get my son counseling. Can I bring charges against her for kidnapping, defamation of character and slander? Please inform ASAP - the preceeding is to take place today 10/21/2004 and I am supposed to notify them by phone .

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Asked on 10/21/04, 8:15 am

1 Answer from Attorneys
Rich Peters R. J. Peters & Assoc., P.C.

Re: Temporary or full guardianship of a minor against his will

Sent 10/21/2004, 12:45 pm.

My first concern is whether North Dakota should even have "jurisdiction" to decide the case.

YES, you should fight for the return of your son, if that is what you believe to be in his best interests. There are many methods depending upon what has occurred thus far.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 10/21/04, 3:38 pm


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