Zachary M. Oxley v. Larry Ray Lumpkins

Summary

The court held that a fit natural parent seeking custody from a nonrelative custodian is entitled to a dispositive presumption in favor of custody, and the parent need not first prove a material change in circumstances. Because no finding established Oxley’s unfitness, the circuit court erred by retaining custody with Lumpkins based on a best-interest analysis. The court reversed, directed an award of sole primary custody to Oxley, vacated the court of appeals’ opinion, and ordered the mandate to issue immediately.