Annerton v. Bates

The ore tenus rule affords a presumption of correctness to the trial court’s judgment in this case. My review of the record discloses evidence supporting the trial court’s determination, and I would affirm its judgment; therefore, I must respectfully dissent.

The February 1993 order granting temporary custody to the paternal grandparents was based upon an agreement that, at that time, the best interests of the children would be served by placing their custody with the Annertons because the mother and the father had been arrested and faced possible incarceration.

In this proceeding, the mother…