Guardianship of Jenna G. v. Anthony G.

This appeal is the latest in a custody dispute between a father and maternal grandmother. The sole issue is whether the trial court used the correct standard of proof in denying the grandmother’s petition for guardianship of Jenna G.

The trial court and father rely upon Guardianship of Stephen G. (1995) 40 Cal.App.4th 1418 [ 47 Cal.Rptr.2d 409 ] (1st Dist, Div. 2), which, in order for a court to grant a petition for guardianship over a natural parent’s objection, requires the court to find clear and convincing evidence that (1) an award of custody to the parent would be detrimental to the child, and (2) an award to the nonparent would be in the child’s best interest. (Id. at p. 1432.) Grandmother relies upon Guardianship of Diana B. (1994) 30 Cal.App.4th 1766 [ 36 Cal.Rptr.2d 447 ], which holds such a findings must be supported only by a preponderance of the evidence. (Id. at p. 1777.) She appeals the denial of her guardianship petition and claims the case must be reversed for the court to reconsider the evidence using the correct standard. We hold the trial court correctly applied the clear and convincing standard of proof.

Background

In February 1995, three-year-old…