C.P. v. R.S.

This is a custody dispute between C.P, the biological father (father) of a young boy, whom we shall call Samuel, and R.S., the husband (husband) of the child’s deceased mother (A.S.). The father appeals from a Probate Court decision finding that he was unfit, awarding custody of Samuel to the husband, and allowing the father to have visitation. On appeal, the father contends that the probate judge’s decision lacked a factual basis on which to find that the father is unfit to parent Samuel, and was error as a matter of law. We affirm, for, in the last analysis, this is an instance in which…