Supreme Court of Louisiana

In Re: L.M.M., Jr., a Minor

June 27, 2018

Summary

The court held that modification or termination of a Children’s Code guardianship is governed by the statutory requirements requiring clear and convincing proof of a substantial and material change in the circumstances of the guardian or child. Because the mother failed to show either that continuation of the guardianship was deleterious to the child or that the advantages of changing it substantially outweighed the likely harm, the court affirmed reinstatement of the guardianship and remanded for establishment of a visitation schedule.