McDowell, In re
| Decision Date | 22 February 1975 |
| Citation | 305 S.E.2d 577,279 S.C. 268 |
| Court | South Carolina Supreme Court |
| Parties | In re Michael McDOWELL, born |
Rodney A. Culbertson, and Constantine S. Christophillis, of Christophillis Law Offices, Greenville, for appellant.
Thomas L. Bruce, Greenville, for respondent.
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 to find the father in this case to be unfit, and the long lapse of time since the hearing in the lower court on March 18, 1980, we think that the issues in this matter should be again reviewed so that a determination can be made in the light of the current facts.
The judgment is accordingly reversed and the cause remanded to the lower court for hearing and determination of the issues de novo.
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McDermott v. Dougherty
... ... In Kay v. Rowland, 285 S.C. 516, 517, 331 S.E.2d 781-82, 781 (1985), the Supreme Court of South Carolina, citing to McDowell v. Richardson, 279 S.C. 268, 305 S.E.2d 577 (1983), opined: ... "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 ... ...
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Baker v. Wolfe, 2919.
...presumption that a fit natural parent should have custody as against a third party.") (emphasis added); cf. McDowell v. Richardson, 279 S.C. 268, 305 S.E.2d 577 (1983) (error to award custody to a grandparent absent a finding that the natural parent was unfit). Thus, there is no reason to e......
- State v. Lawson, 21962
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Kay v. Rowland, 22234
...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. Thu......