In re R.M.S.
Colorado Supreme Court
128 P.3d 783 (2006)
- Written by Salina Kennedy, JD
Facts
Sara Sherwood and Stephen Sherwood died in a murder-suicide, leaving behind a 15-month-old daughter, R.M.S. (the child). The child was placed in the care of Sara’s sister and brother-in-law, Ginny Villers and William Brian Villers (defendants). In his will, Stephen had nominated his mother, Kathleen Taylor Nace (plaintiff) to serve as the child’s guardian. Nace filed a petition for appointment of guardianship, arguing that Stephen’s will had named her as the child’s guardian, the appointment had not been prevented or terminated, and the controlling statute required the court to make her the guardian unless the appointment would cause harm to the child. The Villers objected, arguing that it was in the child’s best interest for the court to appoint them as guardians. The trial court applied the harm standard and found for Nace, and the Villers appealed.
Rule of Law
Issue
Holding and Reasoning (Martinez, J.)
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