In re Adoption/Guardianship of Tracy K.

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Petitioner filed in the Orphans' Court a petition to obtain legal guardianship of Tracy, her nephew. At the time of the filing of the petition, Tracy's mother (Mother) was deceased and Tracy was living with Petitioner. Also, no legal proceedings had occurred seeking to terminate Tracy's father's (Father) parental rights, nor was Tracy entitled to any disposition from Mother's estate. The court dismissed the petition on the ground that the Orphans' Court lacked jurisdiction to hear the petition. The Court of Appeals affirmed, holding that the Orphans' Court lacks jurisdiction over petitions for guardianship of the person where at least one of the natural parents is alive, parental rights have not been terminated, and no testamentary appointment has been made. View "In re Adoption/Guardianship of Tracy K." on Justia Law