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Wade v. Wade

Trial court should not have awarded custody of child to paternal grandfather as there was no evidence that mother lacked proper parenting skills or that the child was not being cared for properly in a safe and loving environment.

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Appellant Jessica Wade and appellee Zachary Wade were married in 1996. Their son was born later that same year. In 1998, appellant filed an action for divorce and was granted temporary custody of the child, although the parties shared physical custody during the pendency of the divorce. At trial, both parties sought primary physical custody of their son but neither argued that the other was unfit. In support of their claims for custody, appellee alleged that appellant was involved in a relationship with another man, while appellant presented evidence that appellee was an excessive drinker and such drinking had endangered the child in the past. During trial, in response to appellant’s objection, the court limited the cross-examination of the maternal grandfather and stated:

I am not going to expand the custody consideration to grandparents. You may cross-examine him on any area of the parents’ ability to provide for this child, but he won’t be custodian under any circumstances and neither will appellee’s parents, so I’m not going to allow that.

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