Guardianship of MSW

136 Cal.App.3d 708 (1982) 186 Cal. Rptr. 430 Guardianship of M.S.W., a Minor.

L.M.W. et al., Petitioners and Respondents,

v.

L.A.W. et al., Objectors and Appellants.

Docket No. 64284. Court of Appeals of California, Second District, Division Five.

October 19, 1982. [709] COUNSEL

Basile & Keep and Alfred R. Keep for Objectors and Appellants.

Mark Stone for Petitioners and Respondents.

OPINION

ASHBY, J.

The paternal grandparents appeal from an order terminating their guardianship over the minor child and restoring custody of the child to the natural parents.

[710] The minor, M.S.W. (hereinafter the child), was born to respondents (hereinafter parents) L.M.W. (hereinafter father) and C.L.W. (hereinafter mother) on December 22, 1977. After the birth of the child, parents, who had been living together unmarried, were financially unable to take care of the child. They took the child to the home of father's parents (hereinafter grandparents), appellants L.A.W. (hereinafter grandfather) and E.S.W. (hereinafter grandmother). The child had a respiratory illness and needed careful watching, which grandmother provided.

The parties then agreed that grandparents should be appointed as guardians for the child so they would have authority to secure medical care, to make the child a dependent on grandfather's medical insurance, and to make the child a dependent of grandparents for tax purposes since grandparents were providing the child's support. With the consent of parents, grandparents were appointed as guardians on May 10, 1978.