Guardianship Petition for Minors to a Nonparent over Parent Objections
Under Family Code section 3020, subdivision (a), "the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children." (See In re Guardianship of Ann S. (2009) 45 Cal.4th 1110, 1123 [guardianship in contested cases is determined primarily by "the best interest of the child, as determined under the custody statutes"].) A court may not grant custody to a nonparent over parental objection unless it finds "clear and convincing evidence" that "granting custody to a parent would be detrimental to the child and that granting custody to the nonparent is required to serve the best interest of the child." (Fam. Code, § 3041, subds. (a) & (b).