Luby v. Dasilva

S.H.B. lived with her paternal grandmother, Gail M. Luby, for six years until Luby was arrested for growing a large quantity of marijuana. Beth DaSilva, the maternal grandmother, removed the child and placed her with the child’s godmother, Lisa Sherman. Both Luby and Sherman brought actions for custody. Following a trial, the court decided that the best interests of the child would be served if she resided with Lisa Sherman. Luby appeals, arguing that because she was the child’s effective parent, the court was required to find actual detriment to the child before removing her from Luby’s…