Stuart v. Vaughan

Opinion

NICHOLSON, Acting P. J.

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.…