Lawrence Watkins, Jr., Plaintiff-Appellant v. Beverly Nelson and Kevin M. Nelson, Defendants-Respondents

Summary

The Supreme Court reversed the Appellate Division and remanded, holding that the proper standard in a custody dispute between a fit biological parent and a third party after the custodial parent's death is the parental‑termination standard—not the best‑interests test. Because the presumption in favor of the father was not rebutted, custody was ordered to be transferred to the father with visitation for the grandparents. The Court also noted procedural deficiencies and issued a dissent.