In Re Kimberly and James

OPINION

MURRAY, Justice.

This case comes before us on appeal by the plaintiff, Marjorie Davenport (Davenport), from a Family Court judgment granting custody of two minor children to the defendant, Virginia Dube (Dube). We vacate the Family Court judgment. The facts of the case insofar as pertinent to this appeal are as follows.

The plaintiff Davenport is the maternal grandmother of the minor children, and defendant Dube is their paternal aunt. On April 9, 1988, the children’s parents, Sheryl and James Dube, were killed in a one-car accident. Shortly thereafter, Davenport filed for temporary…