Guardianship of G.N. CA3
G.N. and M.N., through counsel appointed by this court, appeal from the order denying petitions for guardianship filed by their paternal grandmother, C.G., and paternal uncle, C.N. (petitioners).
This action is governed by Family Code section 3041, which “prohibits a court from granting custody of a minor to a person who is not the child’s parent and over the parent’s objection without first finding that granting custody to the parent would be detrimental to the child and granting custody to the nonparent is required to serve the child’s best interest. (Fam. Code, § 3041, subd. (a).) Detriment to the child must be supported by clear and convincing evidence. (Fam. Code, § 3041, subd. (b).)” (Guardianship of Vaughan (2012) 207 Cal.App.4th 1055, 1059 (Vaughan).)
The trial court concluded that petitioners failed to provide clear and convincing evidence that leaving custody with their mother, K.V., would be detrimental to G.N. and M.N.
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