Petitions for Appointment of Guardian
CASE NUMBER: 26PG-0033289 This matter is on calendar for further proceedings on three competing Petitions for Appointment: 1) Kathy Haubner’s Petition for appointment of Guardian of all three children. 2) Michael and Grace Bevis’ Petition for Appointment of Guardian of all three children. 3) Own Rodgers’ Petition for Appointment of Guardian of Christian only. Letters of Temporary Guardianship for all three children issued to Kathy Haubner on March 20, 2026, and are set to expire today unless further extended.
Consents and Waivers of Notice. The issue of notice has been confused by the filing of multiple consents. 1
1) Father Thomas Bevis has consented to the Bevis Petition. 2) Paternal Grandmother Pam Wells has signed a consent to the Bevis Petition as well as the Rodgers Petition. 3) Kathy Haubner has filed a Petition for guardianship of all three children, but signed a consent to the Bevis Petition. 4) Michael Bevis has filed a Petition for guardianship of all three children, but signed a consent to the Haubner Petition and the Rodgers Petition. The Court will require clarification as to which Petitions the parties are actually consenting.
Other Notice Issues The original Petition by Haubner identified the minors’ siblings as a Lawrence Sites, III and a Markis Grimes. A later filed proof of service appears to indicate that these individuals are 40 and 29 years old, respectively. Confirmation is required that these individuals are the minors’ siblings, and not some other party’s siblings, as the parents are identified as being 31 and 33 years old.
Haubner Petition. It appears that the paternal grandfather, despite filing his own petition, has consented to this guardianship and waived notice. Clarification is required as to whether Michael Bevis is consenting to the Haubner Petition. A new Notice of Hearing has been filed for today’s date and proof of service has been filed for the maternal grandmother, paternal grandmother, and siblings. There is no proof of service of the Notice of Hearing and Petition for the father; however, the father previously filed an objection therefore the Court will find him to have notice of the proceedings.
The matter has been properly noticed. An amended GC-212 has been filed which sufficiently addresses the issues previously raised. The Court has reviewed the Court Investigator’s report filed on April 21, 2206, which recommends granting the Petition as to Angel and Bella. The father previously filed an objection.
Bevis Petition. The father has consented to the guardianship and waived notice. Despite filing her own petition, it appears that Kathy Haubner has consented to the Bevis Petition. Clarification of this consent is required. The Court dispenses with notice to the maternal grandfather. A new Notice of Hearing has been filed for today’s date; however, there is no valid proof of service for the mother, maternal grandmother, or siblings. The proof of service filed for the mother on June 15, 2026, failed to indicate a copy of the Notice of Hearing was served.
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Additionally, the proof of service by mail filed on June 17, 2026, is insufficient. The mother must be personally served in order to move forward on the Petition. Prob. Code § 1511(b). The proof of service for the maternal grandmother filed on June 16, 2026, and the proofs of service for the siblings filed on June 11, 2026, also fail to indicate a copy of the Notice of Hearing was served. These parties may be served by mail. Prob. Code § 1511(c). Alternatively, the above parties can sign a consent and waiver of notice (GC-211, section 4), in lieu of being served.
The Court has reviewed the Court Investigator’s report filed on June 2, 2026, which recommends the Court grant the Petition. The Court notes Michael and Grace Bevis filed a petition for temporary guardianship on June 17, 2026, which the Court intends to address at today’s hearing.
Rodgers Petition. The paternal grandmother has consented to the guardianship and waived notice. Despite filing a Petition for Guardianship of all three children, Paternal Grandfather Michael Bevis has signed a consent to this guardianship. This consent will require clarification. A new Notice of Hearing has not been filed and served for today’s date. There is no proof of service of the Notice of Hearing and Petition for the temporary guardian, father, maternal grandfather, or siblings. Insufficient information has been provided to permit the Court to dispense with notice to these parties. The father must be personally served in order to move forward on the Petition. Prob. Code § 1511(b). All other parties may be served by mail. Prob. Code § 1511(c). Alternatively, the above parties can sign a consent and waiver of notice (GC-211, section
4), in lieu of being served. An amended FL-105/GC-120 and GC-212 have not been filed to address the issues raised on June 8, 2026. The Declaration Under Child Custody Jurisdiction and Enforcement Act (FL-105/GC-120) is incomplete as to item 3, a history of the minor’s residence for the last 5 years. The Confidential Guardian Screening Form (GC-212) is incomplete as to items 1(b), 1(c), 1(d), 8, and attachment 14. An amended FL-105/GC-120 and GC-212 are required to be filed. The Court has reviewed the Children’s Services report filed on May 29, 2026, which recommends granting the Petition.
This matter is also on calendar for confirmation of counsel. Attorney Melissa Fanoe has been appointed for the minors. The matter is continued to Monday, August 17, 2026, at 8:30 a.m. in Department 42 for further proceedings regarding all three Petitions. Petitioners are each required to file and serve a new Notice of Hearing for the continued hearing date, along with a copy of the Petition, on the parties identified above. In the alternative, if Petitioners cannot serve the parties identified, the Court will require a declaration from each Petitioner explaining in detail all efforts to locate and serve them and why they cannot be served, to permit the Court to dispense with notice.
Warning: Failure to properly effect service or provide adequate basis to dispense with service as to the necessary parties will result in denial of the Petitions. Notice is preserved. An appearance is necessary on today’s calendar to confirm appointment of counsel for the minors and to address temporary guardianship.
GUARDIANSHIP OF MALIA BRYANT