Irle v. Foster

¶ 28. The majority finds that the chancery court did not err in awarding custody of Britney, Irle’s oldest child, to the Fosters, Britney’s paternal grandparents. Because I believe that the chancery court’s determinatión — that the evidence presented by the Fosters clearly rebutted the natural-parent presumption accorded Irle — was manifestly wrong and clearly erroneous, I dissent. I would reverse and render the judgment of the chancery court.

¶ 29. It is well established that“[i]n [a] custody battle[ ] between a natural parent and a third party.... the third party must first clearly rebut the…