In re guardianship of S.C.

The trial court entered an order appointing petitioners as the temporary guardians of their minor grandchildren. The children’s biological mother then filed a motion to dismiss for lack of standing. The trial court found that petitioners had standing and respondent appealed, arguing that the trial court did not have jurisdiction to enter a temporary order of guardianship under the Probate Act and that petitioners did not have standing to bring their guardianship petition. The appellate court reversed, finding that the petitioners did not have standing to proceed on their guardianship petition because they failed to rebut the presumption that the respondent, as a biological parent, was willing and able to make and carry out day-to-day child care decisions concerning the minor children. (MOORE and McHANEY, concurring)