Howlett v. Stellingwerf

[¶1.] Christopher Howlett appeals from an order granting primary physical custody of his minor child to her maternal grandmother. Howlett argues the circuit court erred by analyzing the issue as a custody case between parents rather than between a parent and a third party. Further, Howlett contends the grandmother failed to rebut his presumptive right to custody. We reverse and remand.

Facts and Procedural History

[¶2.] Howlett (Father) and Karlyn Stellingwerf (Mother) are the biological parents of L.S. In June 2011, Father, a 42-year-old married man, initiated a sexual relationship with…