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Brawner v. Miller

In affirming the award of custody of two minor children to their maternal grandfather following their mother's murder, the Court found that there was clear and convincing evidence to support the trial court's conclusion that the children would suffer significant, long-term emotional harm if their father was awarded custody.

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In this custody dispute, Akintunde Brawner, the biological father of two minor children, challenges the trial court’s award of custody of the children to Oscar Miller, the maternal grandfather. Specifically, Brawner contends that the trial court erred by applying an incorrect legal standard in rendering its decision and in finding that the children would suffer emotional harm if custody were awarded to him. For the reasons set forth infra, we affirm.

Viewing the evidence in the light most favorable to the trial court’s judgment,1 the record shows that Brawner and Camease Miller were high school sweethearts. In 2001, Camease became pregnant, and although she and Brawner were not married, the couple moved into an apartment together before the April 2002 birth of their first son, S. B. In 2004, Camease gave birth to the couple’s second son, M. B. But shortly thereafter, Camease and Brawner’s relationship began to sour, and in 2006, they separated and Brawner moved out of the apartment. Unable to financially maintain the apartment on her own, Camease and the children moved into her father’s Oscar Miller’s home, in which Camease’s two younger siblings also resided.

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