In re Guardianship of Ella M. Grenier

The Supreme Judicial Court vacated the judgment entered by the probate court granting the petition of Ella’s maternal grandmother for temporary guardianship, holding that the evidence did not support the court’s finding of a “temporarily intolerable” living situation for Ella.The probate court’s finding that a temporarily intolerable situated existed as to Ella living with her mother, Nicole, rested on its finding that Nicole’s home was not appropriate due to the limited amount of time she had been there and the existence of at least one pit bull dog, as well as Nicole’s testimony that she intended to stay at that home. The Supreme Judicial court held that these reasons were insufficient, as a matter of law, to justify an intrusion into Nicole’s fundamental liberty interest in the care, custody, and control of her child. View "In re Guardianship of Ella M. Grenier" on Justia Law