IN RE GUARDIANSHIP OF DOE

No. 22469.

4 P.3d 508 (2000)

93 Hawai`i 374

In the Matter of the GUARDIANSHIP OF Jane DOE, A Minor

Intermediate Court of Appeals of Hawai`i.

May 19, 2000.


Attorney(s) appearing for the Case

Michael A. Glenn, on the briefs, for Mother-Appellant.

P. Gregory Frey and Sheila Sue-Noguchi (Coates & Frey), on the briefs, for Grandparents-Appellees.

BURNS, C.J., WATANABE, and ACOBA, JJ.


Opinion of the Court by ACOBA, J.

We hold that in a proceeding brought by a parent to remove a non-parent as a guardian of the parent's minor child, the family court must consider the preference granted to parents in Hawai`i Revised Statutes (HRS) § 571-46(1) (1993) in determining whether under HRS § 560:5-212 (1993), it is in the best interest of the child to terminate the guardianship.

We conclude that although the family court of the first circuit...

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