McDowell v. Richardson

Lewis, Chief Justice:

This controversy is between the natural father and the maternal grandmother over the custody of the father’s two minor children, now approximately 7 and 8 years of age. The natural mother died in 1980. The trial court granted custody to the grandmother, but made no finding as to the fitness of the father to have custody of his children. The father has appealed. We reverse and remand for further determination.

In view of the superior parental rights of a fit, surviving parent to the custody of his or her children (See 39 A.L.R. (2d) 258, 260), the failure of the lower court…