Hartman v. Reardon

The Supreme Court reversed the order of the circuit court denying Mother's petition to terminate the guardianship of her two minor children, holding that the circuit court erred in finding that it remained in the best interest of the children to leave the guardianship intact.The children's paternal grandparents filed a petition for emergency and permanent guardianship of the children after Mother's husband was charged with the sexual abuse of the older child. The circuit court granted the grandparents a permanent guardianship, finding that it was in the best interest of both children for the guardianship to be granted. Mother later filed a petition to terminate the guardianship due to a material change in circumstances. The circuit court denied the petition. The Supreme Court reversed, holding (1) a fit parent who did not consent to a guardianship must be afforded a natural parent's constitutional right to raise her child without undue interference from the government; (2) Mother was entitled to the fit-parent presumption that the guardianship was no longer necessary when she filed her petition to terminate the guardianship; and (3) the presumption that Mother acted in her children's best interest was not rebutted on the record. View "Hartman v. Reardon" on Justia Law