Guardianship of children approved upon showing of unfitness and inability to parent

Recent Case from the Court of Appeals: Letters of Guardianship Affirmed

Mother appeals from the trial court’s judgment, which appointed Petitioners as guardians over two minor children. The trial court’s judgment found the children’s parents (Mother and three separate fathers) unwilling, unable, or unfit to fulfill their duties as guardians under Section 475.030.4(2). On appeal, Mother contends that no substantial evidence supported a conclusion that she was unfit.


Substantial evidence in the record, including addiction, cohabitation with an addict, feeding children food to which they were allergic, and lack of age appropriate car seats, supported the trial court’s finding that Mother was unfit to assume the duties of guardianship.

A challenge to each finding singly does not constitute a challenge to the record as a whole. Nothing bars the circuit court from both appointing a guardian for appellant’s children, based on appellant’s unfitness and inability to parent, and allowing visitation with children by appellant to preserve the parent/child relationship.

Missouri Court of Appeals

Eastern District - ED104772