S-17-0846 In re Guardianship of K.R.
Douglas County Court, Judge Marcella Keim
Attorneys: Julie A. Frank (Appellant)
Civil: Guardianship
Proceedings below: The trial court denied Appellant’s motion to terminate the guardianship. On appeal, the Court of Appeals affirmed the decision of the trial court. Appellant filed a petition for further review, which was granted by the Supreme Court.
Issues: The Court of Appeals 1) erred in affirming the decision of the trial court
by expanding an unwarranted exception to the Parental Preference doctrine which will dilute the doctrine and which violates Appellant’s constitutional right to due process under the Fourteenth Amendment to the United States Constitution, 2) violated Appellant’s constitutional right to due process under the Fourteenth Amendment by depriving her of her right to custody without clear and convincing evidence of either parental unfitness or parental forfeiture, 3) violated Appellant’s right to due process under the Fourteenth Amendment in failing to require the Douglas County Court to provide a pathway for reunification between Appellant, a fit parent, and her minor child, to include, but not limited to visitation, and 4) violated Appellant’s constitution right to due process under the Fourteen Amendment in finding that the trial court did not improperly delegate its authority about issues of visitation, family therapy, and guardianship termination where the trial court indicated it would only entertain modifying those issues “if and when it is recommended by K.R.’s therapist.”