Guardianship of Zachary H.

Eric P., biological father of Zachary H., successfully resisted petitions to terminate his parental rights and to adopt Zachary filed by Robin and Joanne S. The trial court, however, granted a guardianship petition and appointed Robin and Joanne as Zachary’s guardians. Erie appeals from the order. He essentially contends that the trial court erred by denying him custody in the absence of a showing of unfitness. We disagree and affirm the order.

Background

This case has a long and unfortunate history that we have recounted through December 8, 1995. (Adoption of Zachary H. (Oct. 28, 1996) H014891 [nonpub. opn.].) To provide context, we reiterate facts to some extent before bringing the case up to date.

Zachary’s mother and Eric were estranged lovers. Zachary was bom on August 10, 1994, and the mother immediately placed him with Robin and Joanne as prospective adoptive parents. Eric had already filed a petition to determine his paternity (on Aug. 1, 1994). Robin and Joanne filed a petition for adoption on August 12. Their lawyer gave no notice to Eric.

Zachary’s mother appeared in Eric’s paternity action via the same lawyer who represented Robin and Joanne. Because Eric…