Gary W. Baker v. Joseph Smith & Deborah Smith, In the Matter of: T.M.S., A Child Under 18 Years of Age

In this appeal we are called upon to evaluate a juvenile court’s decision regarding a petition to
modify a previous custody order. The original custody order awarded custody of the minor child to
the maternal grandparents over the objection of the natural father. At the conclusion of the hearing on the father’s petition to modify custody, the juvenile court found that a material change in circumstances warranted a change in custody from the maternal grandparents to the natural father. The juvenile court also awarded the grandparents liberal visitation. The grandparents filed an appeal to this Court. We vacate the decision of the juvenile court and hold that the superior parental rights doctrine, not a material change in circumstances, is the standard which the juvenile court should have applied to the father’s petition for a change of custody.