In re the Guardianship of M.D.

In this appeal, a mother challenges the appointment of a guardian over her now twelve-year-old son. Before his divorce from the child’s mother became final, the stepfather petitioned the district court to appoint him as the child’s guardian. The *123mother resisted, but the district court determined that the mother was not a suitable parent due to her history of substance abuse, mental health issues, and instability. Because the district court’s determination is not supported by substantial evidence that the mother’s past indiscretions posed a present risk to her son, we return to the strong…