Crusco Law Office

Until 2012, the burden of proof to terminate a guardianship of a child was placed upon the parent to show, by a preponderance of the evidence, that the substitution or supplementation of parental care and supervision was no longer necessary to provide for the child's essential physical and safety and that terminating the guardianship would not adversely impact the child's psychological well-being.

Then, the Supreme Court issued its opinion on In the Matter of Reena D. which implemented a two-tier standard for fit and unfit parents. The above standard still applied in cases where parents had contested a guardianship and the guardianship was granted over their objection. However, parents that consented to a guardianship had an easier path to termination of the guardianship.