Janice M. v. Misty F.

Misty F. (mother) and Jesse M. (father), the biological parents of Myah M., agreed when Myah was two years old that Janice M. (paternal grandmother) and Anthony M. (paternal grandfather) should be the guardians of Myah. 1 The court issued an order in 2006 pursuant to the parties’ stipulation, which granted letters of guardianship to the paternal grandmother and paternal grandfather (collectively, paternal grandparents). Four years later, in 2010, the grandparents requested to adopt Myah and to terminate parental rights of mother and father pursuant to Probate Code section 1516.5. The court found that adoption was in Myah’s best interest and ordered the termination of parental rights of mother and father.

On appeal, mother and father separately challenge the order terminating their parental rights by attacking the 2006 order of guardianship. They maintain that the court knew of the allegations of the parents’ unfitness and the court violated their due process rights under Probate Code section 1513, subdivision (c) and our holding in Guardianship of Christian G. (2011) 195 Cal.App.4th 581 [ 124 Cal.Rptr.3d 642 ] (Christian) when it did not refer the case to the county…