CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Burden of Proof
.........Guardianship
4 Cards On This Topic:

Court must find, by clear and convincing evidence, that it would be detrimental to child to grant custody to parent before it may grant custody to nonparent.

Because court applied wrong burden of proof in guardianship termination, it imputed too much significance to F's acquittal in criminal trial.

Burden in guardianship termination proceeding is ••not•• on guardians to show detriment by clear and convincing evidence but on parent to show his 'overall fitness.'

Clear and convincing evidence is proper standard to test nonparent's attempt to gain custody of child over parent's objection.