Stuart

This appeal arises from the trial court’s denial of a petition by appellants’ grandparents for a probate guardianship over appellants. Family Code section 3041 prohibits a court from granting custody of a minor to a person who is not the child’s parent and over the parent’s objection without first finding that granting custody to the parent would be detrimental to the child and granting custody to the nonparent is required to serve the child’s best interest. (Fam. Code, § 3041, subd. (a).) Detriment to the child must be supported by clear and convincing evidence. (Fam. Code, § 3041, subd. (b).)

However, Family Code section 3041 provides an alternative way to establish detriment to the child. Detriment to the child also includes the harm of removing the child from his “stable placement” with a person who has assumed, on a day-to-day basis, the role of the child’s parent and has fulfilled the child’s physical and psychological needs for care and affection, and has done so for a substantial period of time. (Fam. Code, § 3041, subd. (c).) If the court finds by a preponderance of the evidence that the person to whom custody may be given is such a person, that finding…