Wilson v. Sweely

standing of relative to seek child custody; trial court erred in granting motion to dismiss for lack of standing under Rule 12(b)(6) where allegations in complaint and evidence submitted in support thereof showed that parents were unfit and had acted inconsistently with their constitutionally protected status as parents

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Summary

standing of relative to seek child custody; trial court erred in granting motion to dismiss for lack of standing under Rule 12(b)(6) where allegations in complaint and evidence submitted in support thereof showed that parents were unfit and had acted inconsistently with their constitutionally protected status as parents