LaChapell v. Mawhinney

Two issues are presented on this appeal:

1. In child custody cases involving a dispute between a surviving spouse and the maternal grandparents, is the doctrine of the best interests of the child an element to be considered in awarding custody?

2. Should a guardian ad litem have been appointed for the two children?

Custody — best interests doctrine.

In determining that custody of the two children here should be granted to William Mawhinney, the trial court felt that under Ponsford v. Crute (1972), 56 Wis. 2d 407, 202 N. W. 2d 5, it had no choice but to award custody to the surviving natural…