In re Guardianship of N.P.

Paternal grandmother and paternal aunt appealed a decision by the probate court dismissing their petition for guardianship over N.P., and a decision declaring as moot their motion to transfer guardianship proceedings to the family court. The probate court dismissed the petition for appointment of guardian because it believed it “may not even consider a Petition for Appointment of Guardian” because the family division “has exclusive jurisdiction over the child.” The Supreme Court concluded that while the probate court was correct in asserting the general statement on jurisdiction, it failed to recognize the responsibilities imposed upon it when confronted with the petition for guardianship and the motion to transfer the cause to the family division. It failed to comply with the statutory procedures set forth in Title 14 designed to avoid judicial duplication and confusion and to assist in prompt resolution of child custody issues. The Supreme Court therefore reversed and remanded the probate court for further proceedings. View "In re Guardianship of N.P." on Justia Law