Tracy Tourison, Below v. Brenda Pepper, Carl Pepper, and Jeff R. Little, Sr., Below

Summary

The court held that a fit parent seeking to terminate a consensual guardianship is entitled to a presumption that returning the child to the parent is in the child's best interests. The guardianship may continue only if the guardian proves by clear and convincing evidence that termination would cause the child physical or long-term emotional harm. Because the Family Court found the mother fit and found no risk of harm, the court reversed and ordered immediate termination of the guardianship.