In the Matter of the Guardianship of E.m.r. and D.c.r., Minors Christine Hartman v. Franklin Reardon and Marla Reardon

Summary

The court held that the mother was a fit parent and was entitled to the presumption that termination of the guardianship was no longer necessary and that returning the children to her was in their best interests. Because the original reasons for the guardianship no longer existed and the record did not rebut the fit-parent presumption, the circuit court clearly erred in denying termination. Justice Wood, joined by Justice Womack, dissented, contending that the mother was not entitled to the presumption and that the circuit court's factual findings were not clearly erroneous.