In Re the Marriage of Smith

UHLENHOPP, Justice.

This appeal in a dissolution proceeding involves the propriety of placing custody of a child with a relative rather than with one or the other parent. The parties and the relative do not raise issues as to personal jurisdiction of the relative or as to willingness of the relative to accept custody.

James Wilson Smith, the husband in the case, was previously married and divorced. By that marriage he had several children from whom he is completely estranged. Joanne Smith, the wife, had two common-law marriages before she married Smith. By the prior marriages she had several…