Guardianship of B.H.
When the mother of twin boys (the boys), now age 15, died unexpectedly in December 2005, their mother's sister (aunt) petitioned to be appointed guardian of the boys. The aunt and her mother (grandmother) lived near each other while the boys mother was alive and they participated actively in the boys daily lives. The boys father, with whom the boys had never lived and saw only on limited visits, objected to the guardianship petition. The trial court denied the petition, stating, I think I have to go with following the preference under the lawthat custody should be with the parent thats still here. In determining this sensitive issue, the trial court applied the wrong standard, disregarding uncontradicted evidence that the consequences would be detrimental to the youths. The matter must be remanded for reconsideration under the correct legal standard.
The judgment is reversed and the matter is remanded with directions to reconsider the guardianship petition in light of this opinion.
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