TOURISON v. PEPPER

No. 714, 2011.

51 A.3d 470 (2012)

Tracy TOURISON, Petitioner Below, Appellant, v. Brenda PEPPER, Carl Pepper, and Jeff R. Little, Sr., Respondents Below, Appellees.

Supreme Court of Delaware.

Decided: August 16, 2012.


Attorney(s) appearing for the Case

Rebecca L. Trifillis, Esquire , (argued), Steen, Waehler & Schrider-Fox, LLC, Ocean View, Delaware, for Appellant.

Stephen W. Welsh, Esquire , (argued), Law Office of Edward C. Gill, P.A., Ocean View, Delaware, for Appellees.

Before STEELE, Chief Justice, BERGER and RIDGELY, Justices.


BERGER, Justice:

In this appeal, we consider the proper standard to apply when a fit parent petitions to rescind a guardianship. Parental rights are fundamental liberties, protected by the State and Federal Constitutions. Fit parents, therefore, are entitled to a presumption that returning their children to their care and custody is in the children's best interests. We hold that the guardianship must be terminated at the request of a fit parent unless the guardian...

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