# Robbins v. State

> Court of Appeals of Arkansas · December 18, 2002 · 80 Ark. App. 204

URL: https://www.frixlaw.com/law-library/cases/9677590

## Case

- **Full name:** Heather ROBBINS v. STATE of Arkansas
- **Court:** Court of Appeals of Arkansas
- **Decided:** December 18, 2002
- **Citations:** 80 Ark. App. 204; 92 S.W.3d 707; 2002 Ark. App. LEXIS 721
- **Precedential status:** Published
- **Opinion:** Concurrence by Neal
- **Judges:** Karen R. Baker
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9677590

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9677590. Public record. Not legal advice.