Carley v. Lewis

Johnson, Judge.

In this case, we decide whether a parent’s allegations as set forth in a petition to regain custody of a child from a third party were sufficient to survive a motion to dismiss for failure to state a claim upon which relief could be granted. We find that the petition was sufficient and therefore reverse the judgment of the trial court.

Constwilla Lewis intervened in a divorce action between her son and daughter-in-law, Barbara Carley, seeking custody of the couple’s four-year-old daughter. The court in the divorce proceeding found *541both parents unfit and awarded permanent custody…