Newton v. Thomas

The trial court resolved this custody dispute between mother and child’s paternal grandparents in favor of the grandparents, based on its finding that this resolution was in child’s best interest. On appeal, mother argues that the court inaccurately determined the child’s best interest. She also argues that the statute authorizing the court to award custody to a nonparent instead of a biological parent if doing so is “in the best interest of the child” violates the biological parent’s state and federal constitutional rights, both on its face and as applied in this case. Guided by case law…