Guardianship of Destiny S.

Filed 8/18/06 Guardianship of Destiny S. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Stephen D. Cunnison, Judge. Affirmed.

Rowley & Rinaldelli, Law Offices of Daniel W. Rinaldelli and Daniel W. Rinaldelli for Objector and Appellant.

Nicole Williams, under appointment by the Court of Appeal, and Richard Pfeiffer for Petitioner and Respondent.

Michael D. Randall, under appointment by the Court of Appeal, for Minors.

Jeanelle S. (Mother), the mother of two minor children, Destiny S. and M.S. (Minors), consented to the appointment of their paternal aunt, Evelyn B. (Aunt), as their guardian. Five years later, Mother petitioned to terminate the guardianship. The court granted the petition and returned custody of Minors to Mother. Aunt appeals.

Aunt's principal contention is that the court improperly based its decision on its view that Aunt had willfully failed to cooperate with the court-ordered visitation process, and it disregarded Mother's failure to prove she was fit to parent Minors. We conclude Aunt's lack of cooperation was a proper consideration in determining Minors' best interest, and there was adequate evidence of Mother's fitness to justify the court's decision. Accordingly, we affirm the judgment.

I

FACTUAL AND PROCEDURAL BACKGROUND

A. The Guardianship

Mother and Minors' father (Father) met in 1996, when Father was in his mid to late 30's and Mother was 16. They began living together in 1997 but never married. Destiny S., a girl, was born in March 1997, and M.S., a boy, in July or August 1999. Mother and Father had a third child, J.M., a boy, in November 2000. Mother also had another minor son, R.S., born in March 1995, from a previous relationship. Father had another daughter, T.M., born in 1986 or 1987, from a previous relationship.

Aunt is Father's sister. In October 1999, Aunt petitioned for appointment as guardian of the persons of Minors. (Prob. Code, § 1510.)^[1] Mother consented to the appointment. The court appointed Aunt as guardian of Minors in November 1999.

B. Mother Petitions for Termination of Guardianship; Aunt Petitions to Adopt Minors

In July 2004, Mother petitioned to terminate the guardianship. (§ 1601.) On July 27, 2004, Aunt filed an objection to the termination of the guardianship. The same date, Aunt filed a petition to adopt Minors. On August 6, 2004, Aunt petitioned to free Minors from Mother's parental custody and control.^[2]

C. Visitation Proceedings

On August 11, 2004, Mother filed a request for court-ordered visitation. On September 3, 2004, the court granted Mother two visits pending determination of the petition to terminate the guardianship. However, at a hearing on October 15, 2004, counsel for Minors reported that the court-ordered visits â€