404 S.W.3d 389
Mo. Ct. App.2013Background
- Child M.B.R. was born July 2002 and Mother consented to a guardianship with Mother and Grandparents as co-guardians.
- From 2002 to about 2006, Child lived with Grandparents while Mother completed her education.
- In 2006, Mother married Stepfather Kyle Burch, who later faced criminal charges and was not fully forthright about his history with Grandparents.
- In 2010 Mother petitioned to terminate the guardianship; Grandparents opposed and sought visitation; a guardian ad litem was appointed and two home studies found acceptable residences for Child.
- Trial in May 2011 led to a psychosexual evaluation of Stepfather; in November 2011 a self-referred psychosexual evaluation was filed; the court ultimately denied termination and granted visitation to Grandparents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether termination denial is supported by best-interests standard | Mother contends best interests require termination | Grandparents argue best interests favor preservation of guardianship | Affirmed; termination denial upheld |
| Whether burden of proof affected the outcome | Mother carried burden to prove termination | Guardians did not bear burden on that issue | Correct burden allocation; judge may deny despite lack of contrary evidence |
Key Cases Cited
- In re K.J.R.H., 330 S.W.3d 821 (Mo.App.2011) (standard for reviewing guardianship decisions)
- White v. Dir. of Revenue, 321 S.W.3d 298 (Mo. banc 2010) (burden and standard of evidence in contested issues)
- Pearson v. Koster, 367 S.W.3d 36 (Mo. banc 2012) (review of weight-of-evidence challenges and deference to credibility determinations)