Guardianship of Boulad

California Court of Appeal Feb 14, 1949 No. Civ. No. 16618Published

Before: McComb

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Holding. The court held that the trial court's order terminating guardianship was unsupported by the evidence, as the record demonstrated the mother abandoned the child, was not a fit custodian, and failed to show a change in circumstances justifying modification.

Issues

Whether the evidence supports the trial court's findings that the guardianship was temporary, the mother was a fit custodian, and the mother did not abandon the child.
Whether a change in circumstances occurred to justify the termination of the guardianship.

Disposition. reversed

Quotations verified verbatim against the opinion

“The evidence set forth under (a) and (b), supra, points to only one conclusion, which is that respondent abandoned the minor.”

“The trial court's findings upon which the order is predicated, as stated above, are not supported by the evidence.”

“The only change in conditions since the appointment of the guardians is the fact that respondent has remarried, which fact of itself is not sufficient to warrant the change in the custody of the child.”

90 Cal.App.2d 135 (1949) Guardianship of NICHOLAS K. BOULAD, a Minor. MARY COLOMBO, Respondent,

DAVID E. FLESHMAN et al., as Guardians, etc., Appellants.

Civ. No. 16618. California Court of Appeals. Second Dist., Div. Two.

Feb. 14, 1949. James B. Ogg for Appellants.

No appearance for Respondent.

McCOMB, J.

This is an appeal by Mr. and Mrs. David E. Fleshman, guardians of Nicholas K. Boulad, a minor, from an order revoking letters of guardianship and granting the custody of the minor to his mother, Mrs. Mary Colombo.

It is to be noted at the outset that respondent, Mrs. Colombo, has failed to furnish this court with any brief or argument in support of the order of the trial judge, but on the contrary has stipulated that the appeal may be submitted on the record and on appellants' opening brief.

The record discloses that Nicholas K. Boulad, a minor, was born on April 25, 1945; that in June of 1945, the mother, respondent, and the child's father moved into the home of appellants, bringing the minor with them; that they remained there for four or five weeks and then left; that they left the minor with appellants, and he has been in their custody ever since the first part of August, 1945, with the exception of a period of five weeks.

During this period respondent visited her child only five or six times and stayed on each occasion from 15 to 30 minutes. She has never contributed anything to its support. Appellants, on the other hand, have treated the child as their own. On June 27, 1947, with the consent of respondent, appellants were appointed guardians of the minor and letters of guardianship were issued to them on June 30, 1947. On February [137] 20, 1948, respondent filed a petition to terminate the guardianship and the matter was heard on March 9, 1948, resulting in an order terminating the guardianship.

[1] Appellants claim that the record fails to disclose any substantial evidence to sustain the trial court's findings that, (a) appellants were appointed guardians only temporarily, (b) petitioner is a fit and proper person to have the custody of her child, and (c) respondent did not abandon her child.

Guardianship of Boulad

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