In re K.R. (Signed Opinion)
Annotate this CasePetitioner appealed the circuit court's order granting permanent guardianship of her two children to Respondent, their paternal grandmother. Petitioner asserted that the circuit court erred in exercising jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and by transferring custody from a biological mother without a finding of unfitness. The Supreme Court reversed the circuit court's order awarding guardianship to Respondent, restored Petitioner's custodial rights, and remanded the matter, holding (1) it was error for the circuit court to exercise jurisdiction over this matter pursuant to the UCCJEA; and (2) the circuit court erred in refusing to consider the evidence of abuse and neglect underlying this guardianship proceeding and in transferring custody of the minor children from a natural parent without a finding of unfitness.
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