Massey v. Massey

I respectfully dissent.

The trial court, after an ore tenus hearing, awarded custody of the child to the child's grandparents. As correctly indicated by the majority, in order for the trial court to award custody to a person other than a parent, it must conclude that the evidence is clear and convincing that the best interests of the child are against parental custody. Ely v.Casteel, supra. The trial court's finding indicates that it did reach that conclusion. On appeal, the sole question before this court is whether the trial court's decision was so unsupported by the evidence that it…