Judge Susan Capeci
Maguire sought to be appointed, with Philip Walsh, as co-guardians over the person and property of their disabled daughter Shannon, who has Down syndrome and autism, among other significant medical issues. Walsh withdrew his consent and filed to become Shannon’s sole guardian, and Maguire cross-petitioned for same. Maguire testified she and Walsh divorced in 1995, and she was granted sole custody of Shannon and her brother, Shane, resided with Maguire. Maguire testified as to the significant care Shannon required as she had the functional equivalent of a 12 to 18 month old, and was nonverbal. The court stated based on all the testimony and evidence presented, it would be in Shannon’s best interest to appoint Maguire as the sole guardian as she had been the primary caretaker through Shannon’s life, managing her complex medical care and special needs with “utmost diligence and caring.” It noted Walsh chose not to join in Maguire’s petition for co-guardianship; despite that, Shannon had not lived with him since the parties’ divorce. Walsh had never been closely involved with Shannon’s medical care or education until he filed the petition. Yet, the court ordered Walsh’s current visitation schedule with Shannon to continue.
