In re Guardianship of W.L. (Majority, with Dissenting)Annotate this Case
After W.L. was born, Mother and Father consented to Mother’s parents’ exercising a guardianship over W.L. A year after the guardianship’s inception, Father filed a petition to terminate the guardianship. The circuit court denied Father’s petition. Thereafter, Mother and Father both filed petitions to terminate the guardianship and for custody. The circuit court denied relief, concluding that Father and Mother were unfit and that termination of the guardianship was not in W.L.’s best interest. Father appealed. The Supreme Court reversed, holding (1) the circuit court clearly erred in finding that Father was an unfit parent, and therefore, the court should have terminated the guardianship once Father revoked his consent to it; and (2) once the guardianship was terminated, the court should have determined which parent was the proper custodian. Since Mother did not appeal, the Supreme Court remanded the case for the court to enter an order terminating guardianship and granting custody of W.L. to Father.