Cite as: 30 CNCA § 13

A. Guardianship proceedings shall be started by the filing of a petition. Any person, not otherwise prohibited, eighteen (18) years of age or older or any representative of the Cherokee Nation Department of Youth and Family Services may file a petition.

B. Any person, not otherwise prohibited, eighteen (18) years of age or older and subject to the jurisdiction of the District Court may serve as guardian.

C. Preference shall be given to relatives and to the person preferred by a child of sufficient age to form an intelligent preference; however, in all cases, the Court shall determine the guardian on the basis of the best interests of the child.

D. The petitioner shall be responsible for bearing the costs of filing any petition for guardianship and the costs associated with any required additional information.

Historical Data

LA 39–12, eff. October 16, 2012.