Does I v. Does II - Re Conservatorship of Minor Child
Annotate this CaseJane Doe I was the paternal grandmother of a minor child whose natural parents were unable to provide a stable home environment. Her husband, John Doe I, was the child's paternal step-grandfather. In 2014, they filed a petition seeking to be appointed as co-guardians and co-conservators for the minor child, and on the following day the court granted their petition. Jane Doe II and John Doe II were the maternal great-aunt and great-uncle of the minor child. They also filed a petition seeking to be appointed as co-guardians of the minor child. The issues raised by the competing petitions were tried to the magistrate, and he found that it was in the best interests of the child to grant both petitions in part. The issue regarding the magistrate court’s action in granting part-time co-guardianships was solely one of law. Because the Idaho guardianship statutes did not permit the appointment of part-time co-guardians, the Supreme Court vacated the judgment and remanded this case for entry of a new judgment.
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