In Re the Guardianship of LRTS/AMTS
May 16, 2023OUTCOME: Decision Affirmed
Grandparents sought guardianship of grandchildren based on Mother's inability to care for children and Father's abandonment of children. Guardianship was granted by Trial Court, which stated that Moth ... er was limited by circumstance because she demonstrated inability to make decisions in children's best interest. Mother appealed, claiming that (1) her constitutional rights were violated; (2) Court could not say she was limited by circumstance when she was ready and willing to take custody of children; and (3) district court wrongfully applied best interest of child standard without first determining if she was limited by circumstance. Supreme Court affirmed decision. Trial court had long history with matter, and district court made clear findings on why mother was limited by circumstance.