Ellerbe v. Hooks

I join with the opinion of Mr. Justice Roberts that the interests of the child, Carla, who is the subject of this custody dispute, would clearly best be served by permitting custody to remain with the child’s grandmother. I am compelled to address, however, the question of the standard to be applied in the resolution of custody disputes, as the opinion of Mr. Justice Roberts does not sufficiently set forth what I would view as a warranted departure from the long-standing rules governing such cases.

The hearing court, which awarded custody to Carla’s grandmother, stated in its opinion: “This…