Guardianship of R.K. CA4/3
A.K. (father) appeals from a probate court order granting a petition for guardianship and appointing respondents R.P. (stepfather) and M.P. (maternal grandmother or grandmother) as guardians over his minor children, R.K.1 (son) and R.K.2 (daughter). Son and daughter were living with stepfather, maternal grandmother, and S.K. (mother) when mother died of leukemia. The court granted the petition under Family Code section 3041, finding it would be detrimental to place the children in father’s custody and the best interest of the children required nonparental custody. Father appeals raising several overlapping contentions we have consolidated into two basic attacks. First, an attack on the court’s exercise of discretion in awarding custody to stepfather and grandmother, which includes the court’s determination stepfather and grandmother qualified as de facto parents. Second, an attack on the constitutionality of the court’s order as applied. Accordingly, we affirm.
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