In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.
The South Dakota Petition for Notice to Minor to Nominate or Select Guardian is a legal form used in the state of South Dakota to initiate a legal proceeding to determine a guardian for a minor child. This petition is crucial when a minor child is in need of a legal guardian due to various circumstances, such as the death or incapacity of their parents. This petition aims to notify the court about the minor's situation and allows them to have a say in selecting or nominating their preferred guardian. It provides an opportunity for minors to have a voice in the proceedings, ensuring that their best interests are considered. There are several types of South Dakota Petition for Notice to Minor to Nominate or Select Guardian, which include: 1. Petition for Notice to Minor to Nominate or Select Guardian — This is the primary form used to request the court's attention and inform them of the minor's need for a guardian. It includes details about the minor child, their current living situation, and reasons for seeking a guardian. 2. Notice to Minor — This form is served to the minor child, informing them of the petition filed on their behalf. It explains the purpose of the petition and their right to nominate or select a guardian who will be responsible for their well-being. 3. Consent of Guardian to Act — If the minor child is mature enough to understand the situation and has a preference for a specific guardian, this form is provided to the proposed guardian. It seeks their consent to fulfill the responsibilities of a guardian if appointed by the court. 4. Affidavit of Service of Notice to Minor — Once the Notice to Minor has been served, this form verifies that the minor has been duly informed about the petition, typically completed by the serving party. It is essential to consult with an attorney or seek legal advice to properly understand and complete these forms, as they involve detailed legal procedures. This petition ensures that the rights and preferences of the minor child are taken into account in determining their future guardian, providing them with a sense of security and stability during what may be a challenging time in their lives.
