CHILDREN AND THE LAW
...Evidentiary Issues
......Burden of Proof
.........Guardianship
5 Cards On This Topic:

Court must find that it would be detrimental to child to grant custody to parent before it may grant custody to nonparent.

Standards and criteria of FC 3041 are an appropriate balancing of competing interests involved in nonparental custody cases and do not run afoul of the Constitution.

Clear and convincing evidence was correct standard to apply when denying guardianship petition where natural parent objected.

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

Trial court properly based grant of guardianship petition on findings supported by preponderance, rather than clear and convincing, evidence.