In Re Guardianship of Lv

Law Office of Kimberly Merrifield, Kimberly Merrifield; Gilbert F. Jones Law Corporation and Gilbert F. Jones for Objectors and Respondents.

Law Office of Carroll A. Ragland and Carroll A. Ragland for Objector and Respondent L.V.

SCOTLAND, P.J.

Eighteen months after the trial court appointed guardians for L.V. (the minor), her parents petitioned to terminate the guardianship. Among other things, they asserted they were now able to adequately care for the minor and, thus, they were entitled to regain custody of their child. The court denied the petition, finding that although the parents "can, at this time, provide food, shelter and clothing for the child," it would be detrimental to the minor to terminate the guardianship.

The parents appeal. Their primary contention is that because they were fit parents who could provide adequate food, clothing, and shelter for the minor, it was their constitutional right to have the guardianship terminated and the minor returned to their custody. We disagree.

As we will explain, a parent's constitutional right against judicial interference with the parent's day-to-day child rearing decisions applies to a fit parent who has custody of the…