C.P. v. M.K.

THIGPEN, Judge,

specially concurring in part and dissenting in part.

I concur that the record does not support a finding that the mother is unfit, and, therefore, that finding must be reversed; however, I do not agree that the trial court is now required to enter a judgment granting custody to the mother. Although I concurred in the remand of the original case, upon closely revisiting this case, I am now convinced that no finding regarding fitness is required.

Although the original opinion characterized the case as one involving “a custody dispute between nonparents and a parent,” the reasoning…