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Jewell v. McGinnis

The trial court improperly awarded primary physical custody of the child to the paternal grandparents without making findings, by clear and convincing evidence, that custody with the mother would be harmful to the child and that custody with the grandparents best promoted the child's welfare and happiness.

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Lindsey Jewell appeals from a final order entered by the superior court awarding joint legal custody of her daughter, C. M., to Jewell and to the child’s paternal grandparents, Stephen and Diane McGinnis, with primary physical custody to the grandparents. The mother asserts, inter alia, that the trial court erred in failing to produce findings of fact and conclusions of law in its order awarding custody, that it failed to incorporate a permanent parenting plan into its final custody decision, that it improperly consolidated two separate cases, and that it considered inadmissible evidence when coming to its conclusion. For the following reasons, we vacate and remand the case with direction.

The facts are as follows. The mother and father divorced on April 29, 2013. The divorce and custody agreement awarded joint legal custody of C. M. to the father and mother. The father was granted physical custody, and the mother was granted visitation rights.

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