Kay v. Rowland

Gregory, Justice:

This is a custody dispute between the natural father and the maternal grandmother of a six-year-old child. The Family Court found the father fit and proper, and awarded him custody. The grandmother appeals. We affirm.

The parties argue the applicability of this Court’s recent decision in McDowell v. Richardson, 279 S. C. 268, 305 S. E. (2d) 577 (1983). In McDowell, we held it was error to award custody to a grandparent absent a finding that the natural parent was unfit. Thus, we recognized the superior rights of a natural parent in a custody dispute with a third party. Once…