In the Interest of: Z.N.B. and A.L.C.

Van Buren, Missouri family law lawyers represented the parties in a guardianship dispute.





Z.N.B. was born in April 2014, and A.L.C. was born in October 2020. The Children share the same biological mother, A.C. (Mother). Mother's mother, F.V. (Grandmother), and Great Aunt are sisters.



In April 2014, when Z.N.B. was born, Mother was staying with Great Aunt, who babysat Z.N.B. and provided for her needs. Great Aunt continued to care for Z.N.B. on a regular basis even after Mother moved in with Grandmother. In September 2015, when Z.N.B. was around one-and-half years old, Grandmother was appointed her guardian by the probate division of the Carter County Circuit Court (hereinafter, Probate Division).[2]



On October 25, 2019, Z.N.B. was removed by the Children's Division (Division) from Grandmother's home. The removal was due to, inter alia, unsanitary, unsafe conditions and Mother's drug paraphernalia located within easy reach. On October 26, 2019, the Carter County chief juvenile officer filed a petition in the juvenile division of the Carter County Circuit Court (hereinafter, Juvenile Division) alleging that Z.N.B. was in need of care and treatment.



In early January 2020, Z.N.B. was placed with Foster Parent. In September 2020, a permanency hearing was held, wherein it was decided that Z.N.B. would remain in protective custody and that efforts for reunification with Grandmother would continue.



In October 2020, when A.L.C. was born, she spent four weeks in the neonatal intensive care unit. On November 4, 2020, the Carter County deputy juvenile officer filed a petition in the Juvenile Division alleging that A.L.C. was in need of care and treatment. After A.L.C. was discharged from the hospital, she was placed with Z.N.B. in Foster Parent's home. At this point, the Children were both involved in pending juvenile cases.



In February 2021, Great Aunt filed a motion to intervene and a motion for placement in both Juvenile Division cases, requesting removal of the Children from Foster Parent's home and placement in her own home in Arkansas. On March 5, 2021, Foster Parent filed a petition in the Probate Division to remove Grandmother as guardian for Z.N.B. and appoint Foster Parent as successor guardian. On March 18, 2021, Great Aunt filed a competing petition in the Probate Division requesting the removal of Grandmother as guardian and the appointment of Great Aunt as successor guardian for Z.N.B. Foster Parent filed a motion to consolidate Z.N.B.'s Juvenile Division case with her Probate Division guardianship case. That motion was granted in April 2021. Since that time, the Children's juvenile cases and Z.N.B.'s probate case have moved contemporaneously together.



On October 28, 2021, Foster Parent filed a petition in the Probate Division to be appointed as A.L.C.'s guardian. In November 2021, Great Aunt filed motions: (1) to intervene in A.L.C.'s probate case; and (2) for visitation in the pending juvenile cases for both of the Children. In December 2021, after a hearing, the trial court granted visitation to Great Aunt, which developed into overnight weekend visits in her home every other week.



In May 2022, a trial was held and the consolidated Probate Division and Juvenile Division cases were taken under advisement. In April 2023, the trial court entered a consolidated judgment in favor of Great Aunt, disposing of both the Probate Division and Juvenile Division cases. In the Probate Division cases, the court removed Grandmother as guardian of Z.N.B. and appointed Great Aunt as guardian of both of the Children. In the Juvenile Division cases, the court ordered that the Children be placed with Great Aunt. On August 4, 2023, following after-trial motions, the court entered a second-amended judgment reaching the same result. This appeal by Foster Parent followed.



Carter Cnty. Juvenile Officer v. B.L.C. (In re Z.N.B.), SD38171, SD38174, SD38175 (Mo. App. Nov 14, 2024)

Because Foster Parent lacks standing, her appeal is dismissed.