Opinion

Robbins v. State

  • 80 Ark. App. 204
  • 92 S.W.3d 707
  • 2002 Ark. App. LEXIS 721
Court
Court of Appeals of Arkansas
Filed
Dec 18, 2002
Status
Published
Author
Neal
On the bench
Karen R. Baker
Cited by
4 cases

The opinion

Olly Neal, Judge, concurring. I concur in reversing this case because the record before us does not support the trial court’s findings. I also agree that the trial court erred when it placed permanent custody with the paternal grandparents. However, I write separately because I do not believe that Ark. Code Ann. § 9-27-328 requires a finding of unfitness of the natural parent prior to giving custody of a child involved in a FINS to a third party. Furthermore, I disagree with the dissent’s contention that we can correct the trial court’s error in placing permanent custody with the paternal grandparents by simply modifying the court’s order to say that the grandparents merely have temporary custody.

I am authorized to state that Judge Roaf joins me in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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