In re Guardianship of Jaime G.

IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) IN RE GUARDIANSHIP OF JAIME G. NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E). IN RE GUARDIANSHIP OF JAIME G., A MINOR CHILD. ANA D., GUARDIAN, APPELLEE, V. MARIA G. AND JOSE G., APPELLEES, AND JOHN P. BEAUVAIS, JR., GUARDIAN AD LITEM, APPELLANT. Filed September 26, 2017. No. A-16-895. Appeal from the County Court for Dakota County: KURT RAGER, Judge. Affirmed. John P. Beauvais, Jr., guardian ad litem, appellant pro se. No appearance for appellees. MOORE, Chief Judge, and BISHOP and ARTERBURN, Judges. BISHOP, Judge. The county court for Dakota County appointed a guardian for Jaime G. after his parents returned to Mexico without him. Jaime’s guardian ad litem (GAL) appeals. The GAL does not challenge the guardianship, but claims the county court erred by failing to find that Jaime had been abandoned by his parents. We affirm. BACKGROUND On May 3, 2016, Ana D. filed a “petition for appointment of a guardian for a minor,” and asked the court to appoint her to serve as the guardian for Jaime. Ana alleged Jaime was a minor child, born in April 2001; on April 30, 2016, his parents abandoned him by returning to Mexico with no intention of returning to the United States to care for him; reunification of Jaime with his -1- parents “is not viable” due to the abandonment; and it is not in his best interests to return to Mexico because his parents are unable and unwilling to care for him. Ana further alleged that she has had the principal care and custody of Jaime since his parents abandoned him, and that it would be in his best interests to remain in the United States and in her care. Also filed on May 3, 2016, were affidavits of Ana and Jose G. In her May 2 affidavit, Ana stated that she and her husband lived in South Sioux City, Nebraska. In addition to making statements similar to the ones set forth in her petition as detailed above, Ana stated that she and her spouse were willing and able to provide a stable home and environment for Jaime. In his April 29 affidavit, Jose stated he lived in South Sioux City, and that he and Maria G. were the parents of Jaime, born in April 2001. Jose and Maria were preparing to permanently return to Mexico, but wanted Jaime to remain in the United States to complete his education. Jose was “not willing and refuse[d]” to take Jaime with them because they did not have “the resources, ability or desire to continue to care for him in Mexico.” Jose planned to “leave [Jaime] in the United States and [had] no intention of returning to care for him.” Jose opined that he and his wife were “incapable of providing for [Jaime’s] emotional, physical, and medical needs” and that ...

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