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Name: In re Mickel O.
Case #: F060234
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 07/13/2011
Summary

Denial of placement of minors with the maternal grandparents was not error where grandparents discord with paternal grandparents caused disruption to the minors. Maternal grandfather appealed the denial of his 388 petition which requested placement of the minors with the maternal grandparents or, in the alternative, unsupervised visitation. The appellate court found no abuse of discretion. The juvenile court’s decision regarding placement and unsupervised visitation was not arbitrary or beyond reason. The court’s goal was to promote the childrens’ best interest, which was stability and permanency. Although there was evidence that the minors were bonded to their maternal grandparents, there was also evidence that the discord between the two sets of grandparents created confusion and disruption with the children. However, the order terminating the maternal grandparents’ supervised visitation was an abuse of discretion. Adoption by the paternal grandparents was not a foregone conclusion at this stage, and termination of all visitation to the maternal grandparents was therefore error. Further, the juvenile court should have actively pursued mediation between the grandparents.