In Re KMM
2011 VT 30
| Vt. | 2011Background
- K.M.M. has been a ward of her grandfather since 2001 when parents voluntarily guardianship due to substance issues and father's incarceration.
- Father repeatedly sought to terminate the guardianship and/or terminate parental rights; grandfather sought termination of father's parental rights and adoption.
- probate court proceedings spanned 2002–2009 with limited substantive action beyond visitation plans and evaluations amid ongoing parental–grandfather conflict.
- 2006 Casey Family Services report described a highly fraught relationship between father and grandfather, with limited cooperation and trust.
- Superior court ultimately denied termination of father's parental rights but denied termination of grandfather's guardianship, maintaining status quo and remanding for further proceedings.
- This Court affirms the denial of termination of parental rights but reverses denial of termination of guardianship, and remands for transfer of custody to father.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in denying termination of the guardianship | Father argues presumption favors parental custody; guardian bears burden to rebut. | Grandfather contends best interests remain with guardianship and paternal custody is not proven. | Erroneous; remand to transfer custody to father. |
| Whether the court properly evaluated termination of father's parental rights | Father asserts termination justified by lack of support and contact. | Grandfather asserts noncompliance with factors supports termination. | Termination of father's parental rights affirmed; not warranted on record. |
| whether Boisvert parental preference presumption applied correctly | Father entitled to presumption that best interests favor return to him; burden on grandfather to rebut. | Court properly weighed best interests among statutory factors. | Parental presumption applies; error in burden shift recognized; remand for transfer to father. |
Key Cases Cited
- Boisvert v. Harrington, 173 Vt. 285 (2002) (parental right to custody presumption; evidentiary hearing for best interests; burden on non-parent to rebut)
- In re J.C., 169 Vt. 139 (1999) (termination standards; best interests; factors in 15A V.S.A. § 3-504)
- In re B.M., 165 Vt. 194 (1996) (likelihood parent can assume duties within reasonable time; best interests focus)
- In re S.B.L., 150 Vt. 294 (1988) (constitutional right of fit parents to custody)
- Troxel v. Granville, 530 U.S. 57 (2000) (liberty interest of parents in care, custody, and control)
- Santosky v. Kramer, 455 U.S. 745 (1982) (parents' fundamental liberty interest in child custody)
- Rutherford v. Best, 139 Vt. 56 (1980) (definition of when parent is deemed unfit for custody)
- In re K.F., 2004 VT 40 (2004) (standards for review of parental rights and best interests)