Ex Parte Woodfin

This is a child custody modification case in which the mother sought to regain custody of her two children, based on an allegation of changed circumstances. After a hearing, the trial judge held that the "paternal grandmother is willing and able to continue to furnish the primary care for the minor children and it is the JUDGMENT of this Court that it is in the best interest of the children that this be allowed to continue without interruption." The judgment of the trial court was affirmed by the Court of Civil Appeals. 596 So.2d 916.

We granted certiorari review to determine whether this…