In re Guardianship of Chamberlain
Annotate this CaseMarc Chamberlain was the father of two children who had been the care of their maternal grandmother for several years before and following the death of their mother. The children’s maternal grandmother and their maternal aunt petitioned the probate court for appointment as the children’s co-guardians. Chamberlain opposed the petition. The court entered a judgment appointing the grandmother, but not the aunt, as the children’s guardian. In making its decision, the court applied the plain language of Me. Rev. Stat. 18-A, 5-204(d) and found by a preponderance of the evidence that the grandmother was the children’s de facto guardian and that Chamberlain had not consistently participated in the children’s lives. Chamberlain appealed, arguing that section 5-204(d) is facially unconstitutional because it, and the statutes defining its terms, are unconstitutionally vague and violate due process. The Supreme Judicial Court vacated the judgment, holding that the appointment of a guardian over a parent’s objection upon proof by the lower standard of a preponderance of the evidence violates the Due Process Clause of the federal Constitution. Remanded for the court to apply the constitutionally required standard of proof by clear and convincing evidence when applying section 5-204(d).
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