Arturo v. Gold

Summary

The Court affirmed the rescission of a consensual guardianship and the award of sole custody and residential placement to the child's mother. It held that the mother made the required preliminary showing that the guardianship was no longer necessary, after which the guardian bore the burden of proving dependency, neglect, abuse, or physical or emotional harm from termination; the guardian did not meet that burden. The Court also concluded that the Family Court's factual findings were supported by the record and that it applied the correct legal standard.