In the Matter of the Guardianship of Mc, a Minor, Sandra Andraca v. Patricia Tice
2025 Ark. App. 292
Ark. Ct. App.2025Background
- Sandra Andraca, the biological mother of MC (a minor), lost custody of her daughter in 2019 after a temporary emergency guardianship was granted to MC’s paternal grandmother, Patricia Tice, amidst concerns related to Sandra’s immigration status, employment, and living arrangements.
- After Jonathan Goodin (MC’s father and Patricia’s son) died in 2020, Patricia sought permanent guardianship, while Sandra sought to regain custody.
- Temporary and later permanent guardianship were awarded to Patricia, with the circuit court citing Sandra’s undocumented status, lack of license, dependence on family for income and utilities, and shared housing as evidence of unfitness.
- Sandra appealed, arguing there was no factual necessity for guardianship, that it was not in MC’s best interest, and that the decision violated her constitutional rights as a parent.
- The Arkansas Court of Appeals reviewed the record and determined that the statutory requirements for establishing guardianship (necessity and desirability) had not been met.
Issues
| Issue | Andraca's Argument | Tice's Argument | Held |
|---|---|---|---|
| Necessity & Desirability of Guardianship | Guardianship is not necessary or desirable; Sandra is providing for MC. | Sandra’s circumstances (immigration status, employment, housing) render her unfit. | No necessity or desirability; circuit court clearly erred. |
| Parental Fitness/Suitability | Sandra is suitable and qualified as parent; can provide for MC. | Sandra’s dependent living, lack of steady job/license show unfitness. | Sandra is suitably caring for MC; no evidence of unfitness. |
| Immigration Status Relevance | Immigration status not legally relevant to parenting ability. | Status impacts her practical ability to provide for MC. | Status alone insufficient; actual ability to provide controls. |
| Best Interest of the Child | MC’s needs are met; frequent and successful visitation supports Sandra. | Superior resources and stability with grandmother better serve MC’s interests. | Best interest supports return to Sandra; successful joint care disproved need. |
Key Cases Cited
- Fletcher v. Scorza, 2010 Ark. 64 (Parental preference and best interest in guardianship cases)
- In re Guardianship of W.L., 2015 Ark. 289 (Guardianship requirements, fit parent standard)
- Orantes v. Orantes, 2011 Ark. 159 (Resources alone dont justify custody change)
- Mossholder v. Coker, 2017 Ark. App. 279 (Standard of review: clear error in guardianship cases)