Alicia Morris v. Jannelle Clark

Summary

The court held that an otherwise fit parent who seeks to terminate a guardianship over the parent's minor child need only communicate that the guardianship is no longer necessary, and the parent is entitled to a presumption that the decision serves the child's best interests. A court may not retain the guardianship based solely on a best-interests determination unless the guardian first establishes that the parent is presently unfit or another circumstance overcomes the parent's fundamental right. Because the circuit court denied termination based on best interests without finding Morris unfit, the court reversed and remanded and vacated the Court of Appeals' decision.