Phillips v. Brown

BALTHIS, J. After the death of the mother of Donald Preston Brown, a minor approximately 6 years old, two petitions were filed seeking appointment as guardian for said minor. One petition was by Viola Marie Phillips (appellant here), the maternal grandmother of the child, and the other was a petition by Charles Preston Brown, the father of the minor. The court, sitting without a jury, found the father was an unfit person to have the care and custody of said minor and the father’s petition was therefore denied. The court further found that the appellant, Viola Marie Phillips, “. . . does not have the responsible judgment, temperament or standards that would be necessary for the welfare of the said minor; ...” and that “it would not be in the child’s interest or welfare” to grant the petition of said Viola Marie Phillips. The court also found that it is “for the best temporal, mental and moral welfare of said minor that John N. Brown and Amy L. Brown, paternal grandparents of said minor be appointed joint guardians of said minor Donald Preston Brown. ’ ’ Appellant appealed from the order denying her petition for guardianship and providing for the appointment of the paternal grandparents as guardians for the child.

The contentions made by appellant are (1) that as no petition had been filed for the appointment of the paternal grand[264]parents, appellant had no opportunity to contest their fitness to be appointed as guardians and (2) that as a guardianship appointment is more difficult to change than custody in a divorce action the court should not proceed with the appointment of persons who have not petitioned without allowing other interested parties full opportunity to contest any issue of fitness or competency.

At the outset it should be noted that the trial court’s determination of the best interests of the child will not be disturbed except on the showing of a manifest abuse of discretion. (Guardianship of Walsh, 100 Cal.App.2d 194, 196 [223 P.2d 322, 22 A.L.R.2d 689]; Darwin v. Ganger, 174 Cal.App.2d 63, 74 [344 P.2d 353].)

In this case there is no contention that the interested parties did not have notice. On the petition of appellant, the maternal grandmother, notice of hearing was given to the father and the paternal grandparents. On the father’s petition, notice was given to appellant and the paternal grandparents. The court heard both petitions in a full four-day hearing with all parties, including the paternal grandparents, being before the court.