Lafary v. Kindred

I agree with the Lafarys that “where, as here, a parent files a petition to terminate a nonparent’s guardianship over a child, the burden of proving that a guardianship is no longer necessary should rest with the parent.” Op. at 692 (citing Harris, 149 Ind.App. 512, 273 N.E.2d 779). Therefore, I respectfully dissent.

As the majority notes, our supreme court held in Guardianship of B.H. that

before placing a child in the custody of a person other than the natural parent, a trial court must be satisfied by clear and convincing evidence that the best interests of the child require such a…