Guardianship of Hall

California Court of Appeal Feb 20, 1962 No. Civ. 25477Published

Before: Balthis

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Holding. The court affirmed the appointment of the maternal grandmother as guardian, holding that the trial court acted within its broad discretion in determining the best interests of the children and that no reversible error occurred during the proceedings.

Issues

Whether the trial court abused its discretion in selecting one of two fit relatives as the guardian of minor children.
Whether the trial court's comments regarding evidence of competency constituted reversible error.
Whether the trial court erred in sustaining an objection regarding the baptismal status of the children.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The basic rule that the trial court has broad discretion in cases involving the custody of minor children is here applicable.”

“There is substantial evidence here to support the findings made by the trial court and no abuse of discretion is shown.”

“Wealth alone does not determine competency, nor does poverty alone determine incompetency”

BALTHIS, J.

The parents of Barbara Anne Hall (age 3) and John Steven Hall (age 2) the minor children involved here, were killed in an automobile accident on July 9, 1959. Two petitions for the guardianship of the persons and estates of the minor children were filed, one by Virginia A. Noriega, the maternal grandmother, and the other by Vivian E. Flanagan, the paternal grandmother.

The two petitions were heard at the same time by the court, sitting without a jury. The petition of Virginia A. Noriega was granted and she was appointed guardian for the minor children; the other petition was denied. The losing petitioner, Vivian E. Flanagan, the paternal grandmother, appeals from the order.

The two petitions having been filed by nonparents there was no priority involved under section 1407 of the Probate Code, as both applicants for guardianship fall within the same general classification of “relatives.” Under section 1406 of

[510]

the Probate Code in appointing the guardian the court is to be “guided by what appears to be for the best interest of the child in respect to its temporal and mental and moral welfare. ’ ’

The trial court found that each of the two petitioners was “a fit and proper person to have the care and custody of the minor children.” The court then made specific findings as follows: “The special interests of said minor children will be best served with respect to their temporal, mental and moral welfare in the appointment of Virginia A. Noriega as their guardian of their persons and estates. The special interests of said minor children will not be best served with respect to their temporal, mental and moral welfare in the appointment of Vivian E. Flanagan as their guardian of their persons and estates. ’ ’

The basic rule that the trial court has broad discretion in cases involving the custody of minor children is here applicable. A reviewing court will not retry issues regarding custody of a minor; the trial court’s determination of the best interests of the child will not be disturbed except upon a showing of manifest abuse of discretion.

(Strong

Guardianship of Hall

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BALTHIS, J.

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