James v. McDonald

¶1 We conclude that when an outside party challenges a third party nonparental child custody order, the “fourth party” must seek to modify the existing custody ruling rather than file a new third party action. We reverse and remand this action for further proceedings.

FACTS

¶2 S.R. was born to Alicia Croston (mother) and Jack Rosman (father) on November 4, 2004. She resided initially *806with her mother for two years.1 At that point, S.R. was moved to the care of Ms. Croston’s parents, James and Deena McDonald, due to the fact that S.R.’s asthma acted up badly in the face of her mother’s smoking…