Court Transfers Guardianship of Child to Maternal Grandmother
by
Joseph C. Maya on Mar. 20, 2024
Summary: In a case involving the the transfer of guardianship, the Court granted a mother’s motion to transfer guardianship to the child’s maternal grandmother. DCF initially became involved in the matter after receiving reports that the parents were engaging in domestic violence and substance abuse. Although the Court originally entered an order of protective supervision, DCF later invoked a 96 hour hold and sought an Order of Temporary Custody following a subsequent altercation between the parents. The Court sustained that OTC and the child was committed to the care of the Department.
DCF later moved to open and modify the disposition from a classification of protective supervision to commitment. The mother filed a motion requesting that guardianship be transferred to the maternal grandmother instead. Following a two day hearing, the Court ruled in favor of the mother.
The Court’s Decision
In its decision, the Court focused primarily on the child’s relationship with his grandmother. The Court noted that he had a strong relationship with her from birth, and that they were well bonded to one another. The Court further noted that when the grandmother offered herself as a placement resource for the child, DCF accepted numerous times during the course of the case. In fact, with DCF approval, the child actually resided with the maternal grandmother, who was also utilized as a visitation supervisor.
The Court found that the maternal grandmother provided appropriate care for the child, and that the child was emotionally attached to her. Throughout the course of DCF’s two year involvement in the case, it never claimed that the child received inappropriate treatment from the grandmother. Based on the foregoing, the Court ultimately found that the grandmother was a suitable guardian and that it was in the child’s best interest to transfer guardianship to her.
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