Tourison v. Pepper

BERGER, Justice:

In this appeal, we consider the proper standard to apply when a fit parent petitions to rescind a guardianship. Parental rights are fundamental liberties, protected by the State and Federal Constitutions. Fit parents, therefore, are entitled to a presumption that returning their children to their care and custody is in the children’s best interests. We hold that the guardianship must be terminated at the request of a fit parent unless the guardian proves, by clear and convincing evidence, that the children will suffer physical or *472emotional harm if the guardianship is…