...Evidentiary Issues
......Burden of Proof
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.