In Re Guardianship of Knell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that, for the parental presumption to be rebutted, there must be evidence that placement with the natural parent “is likely to have a seriously disrupting and disturbing effect upon the child’s development”
• observing, “[d]espite the recognition of the parental preference, in some cases we have refused to return custody” of the child
• finding child’s best interests were to stay with step-father, after detailing long separation from natural father
• noting the case was tried in equity and applying a de novo standard of review
• noting the current guardian “bears the burden of proof of rebutting the presumption favoring the natural parent by establishing that [the child’s] best interest requires that she continue in [the guardian’s] care”
• custody awarded to non-parent when natural parent made no effort to develop relationship with child

Source: CourtListener parenthetical corpus (CC0).