Turner v. Pannick

DIMOND, Justice Pro Tem.

(concurring).

The court holds that where there is a dispute over custody of a child between a parent and non-parent, the parent must be awarded custody unless the superior court determines that the parent is unfit, has abandoned the child or that the welfare of the child requires that the non-parent receive custody. The court also holds that in order to satisfy the “welfare of the child” requirement, the non-parent must show that it clearly would be detrimental to the child to permit the parent to have custody.

The court draws a distinction between the “welfare of the…