Kay v. Rowland, 22234
| Decision Date | 07 June 1985 |
| Docket Number | No. 22234,22234 |
| Citation | 285 S.C. 516,331 S.E.2d 781 |
| Parties | Lois N. KAY, Appellant, v. Randall Dale ROWLAND, Respondent. . Heard |
| Court | South Carolina Supreme Court |
J. Redmond Coyle, Pickens, for appellant.
Sydney F. McDaniel, Easley, for respondent.
This is a custody dispute between the natural father and the maternal grandmother of a six year old child. 1 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 the natural parent is deemed fit, the issue of custody is decided.
1 The child's maternal grandmother was permitted to intervene in the divorce action on the issue of custody. Her daughter, the natural mother, does not contest custody, and there is no contention that she would be a proper custodial parent.
2 The trial judge recognized appellant's close relationship with her grandson, and awarded her generous visitation privileges.
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