D.B. v. J.R. (Signed Opinion)
Annotate this CasePetitioners, the grandparents and temporary guardians of F.R., a three-year-old child, petitioned for guardianship of F.R. After an evidentiary hearing, the circuit court denied the petition for guardianship and ordered transfer of the custody of F.R. to Respondent, the child’s biological father, finding that Petitioners had failed to prove by clear and convincing evidence that their appointment as guardians was in the child’s best interests. The Supreme Court reversed and remanded the case, holding that the circuit court erred in failing to apply the standard enunciated by the Supreme Court in Overfield v. Collins and in ordering transfer of the custody of F.R. to Respondent without requiring clear and convincing evidence of Respondent’s fitness as a parent. Remanded.
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