In re Guardianship Etta
In re Guardianship Etta
Opinion of the Court
The mother appeals from a decision by a judge of the Juvenile Court awarding guardianship of the child to the father's former girl friend (guardian). The mother asserts that the judge's findings do not support a determination, by clear and convincing evidence, of her unfitness and, further, that the judge erroneously declined to award the mother visitation, leaving that to the discretion of the guardian. We affirm.
1. Sufficiency of the evidence. The parties agree that when the judge made her initial findings, she indicated that these were "summary in nature" and that she would expand them if an appeal was taken; however, neither party filed a motion for additional findings. Accordingly, the dispute centers around whether the judge's summary findings are nevertheless sufficient to support the judge's determination that the mother is currently unfit and that an order of visitation would not further the child's best interests. The mother asserts they are not. She contends the judge applied the wrong evidentiary standard, relied on stale evidence, and failed to analyze how the mother could meet the child's needs. We disagree.
At the outset, we are not persuaded that the judge's failure to delineate the applicable evidentiary standard in her findings undermines them. We presume that she applied the correct legal standard. Cf. Manfrates v. Lawrence Plaza Ltd. Partnership,
One petitioning for guardianship of a child must prove the legal parent of the child is currently unfit by clear and convincing evidence. R.D. v. A.H.,
Here, the judge found that the child suffered extreme trauma and abuse in the mother's home, mostly at the hands of the mother's boy friend. The child "had no stability in her life, and lived in extreme fear." This finding is supported by the child's uncontroverted testimony, which the judge credited, regarding the horrific instances of abuse the child suffered while in the mother's care.
Contrary to the mother's assertions, the judge did not improperly rely on stale evidence. See Adoption of Carla,
Concerning here is the mother's continuing pattern of putting her needs before the child's. See Adoption of Arthur,
While the judge's findings are sparse, the judge found the child's testimony, which included testimony that the mother does not listen to the child, puts her own concerns before the child's, and makes the child uncomfortable, "compelling." For example, the judge found that the mother insists that the child engage in therapy with the mother because she "made some strides with therapy herself," and that such insistence disregards the child's need for "self-preservation." The judge noted that, contrary to the mother's claims, the child's refusal to attend therapy is not borne from "adolescent stubbornness" or the guardian's interference but rather is a "direct result of the fear and trauma she suffered in her mother's care."
To this end, the judge properly considered the child's "particular needs and circumstances," and "the effect on [the] child of being placed in the custody of [the mother]." Considering that "the child has suffered trauma and fear while in the custody of her parent, has attained a mature age, and has unequivocally nominated a person other than her parent to be her guardian," the judge determined that "placing [the child] in [the m]other's care would be detrimental to her welfare." In such circumstances, the judge gave due weight to the child's wishes, Adoption of Nancy,
2. Visitation. The mother contends that the judge abused her discretion in declining to enter an order of visitation after granting the guardianship. We disagree. Ordering visitation is within the discretion of the trial judge. Adoption of Ilona,
Judgment affirmed.
There was undisputed testimony that when the child was five, one of the mother's boy friends held the child at gunpoint. He laid her on the side of the bed, facing the wall with a sock in her mouth, and hit her every time she moved. The child reported the incident to the mother, and the mother left the child alone with the same man the next day; in retaliation for her telling the mother, he proceeded to hit the child repeatedly until his own mother intervened. See Care & Protection of Lilith,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.