Guardianship of Stephen G.

I. Introduction

Gayle K. and Sandra K. appeal from an order denying their petition to be appointed as guardians of Stephen G., a minor. They contend that the trial court applied an erroneous standard of proof when it required them to show by clear and convincing evidence that Stephen would suffer detriment if returned to his mother, objector Julie B., and that an award of custody to appellants was in Stephen’s best interests. We adhere to the great weight of authority and hold that clear and convincing evidence is the proper standard by which to test a nonparent’s attempt to gain custody of a child over a parent’s objections. In doing so we decline to follow the Fourth District’s decision in Guardianship of Diana B. (1994) 30 Cal.App.4th 1766 [ 36 Cal.Rptr.2d 447 ] (hereafter Diana B.).

II. Factual and Procedural Background

Julie B. is the natural mother of Stephen, who was bom on February 24, 1986, in Santa Barbara. Gayle K. is Julie’s mother and Stephen’s grandmother. Sandra K. is Gayle’s domestic partner.

It is undisputed that, when Stephen was six months old, Julie turned him over to Gayle and Sandra for caretaking. He thereafter lived in their Union City home…