Matter of Guardianship of Stewart

How courts have described this case

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

• noting “a parent who has taken an extended holiday from the responsibilities of parenthood may not take advantage of the parental preference”
• noting the father “did not relinquish his presumptive right to custody when he agreed that the [guardians] should be appointed as guardians for” the child
• noting order was “more akin to an agreed order for temporary custody entered during the pendency of dissolution proceedings,” which would be “superceded by the more permanent dissolution decree”
• noting the district court properly placed the burden of proof on the guardians to rebut the parental presumption by showing it is in the child’s best interests the guardianship continue
• requiring return of child to natural father where father had kept in close contact, provided regular financial support, and frequently visited during the eight years child had lived with guardians
• noting the best interests must be considered in all custody matters

Source: CourtListener parenthetical corpus (CC0).