Phillips

After the death of the mother of Donald Preston Brown, a minor approximately 6 years old, two petitions were filed seeking appointment as guardian for said minor. One petition was by Viola Marie Phillips (appellant here), the maternal grandmother of the child, and the other was a petition by Charles Preston Brown, the father of the minor. The court, sitting without a jury, found the father was an unfit person to have the care and custody of said minor and the father’s petition was therefore denied. The court further found that the appellant, Viola Marie Phillips, “. . . does not have the responsible judgment, temperament or standards that would be necessary for the welfare of the said minor; ...” and that “it would not be in the child’s interest or welfare” to grant the petition of said Viola Marie Phillips. The court also found that it is “for the best temporal, mental and moral welfare of said minor that John N. Brown and Amy L. Brown, paternal grandparents of said minor be appointed joint guardians of said minor Donald Preston Brown. ’ ’ Appellant appealed from the order denying her petition for guardianship and providing for the appointment of the paternal grandparents as…