In re A.L.R.Annotate this Case
When Child was not yet one year old, Grandfather filed a petition to establish a guardianship and conservatorship jointly in two cousins, alleging that Mother was unable or unfit to assume the duties of guardianship. After a hearing, the trial court found Mother unable and unfit to properly care for Child and ordered the issuance of letters of guardianship and conservatorship to the two cousins as co-guardians. Mother appealed, arguing that the trial court had utilized the wrong burden of proof and that due process requires proof of unfitness by clear and convincing evidence. The Supreme Court affirmed, holding (1) Mo. Rev. Stat. 475.030.4 requires proof of inability or unfitness by a preponderance of the evidence, and Mother failed to preserve her argument that the statute is unconstitutional; (2) the trial court’s judgment ordering the issuance of letters of guardianship and conservatorship was supported by substantial evidence and was not against the weight of the evidence; and (3) the trial court did not abuse its discretion in overruling Mother’s motion for a continuance.