Alukonis v. Smith

Syllabus

This matter involves cross-appeals between a maternal grandfather and a natural father involving the custody of a minor child and the award of attorney's fees. The grandfather appeals the denial of primary custody to him and the award of attorney's fees to the father, while the father appeals the award of joint custody to the grandfather and the insufficiency of the attorney's fees awarded to him. Based upon our review of the record, we reverse the award of primary custody to the father, grant primary custody to the grandfather, reverse and remand the award of attorney's fees to the father, and remand for the family court to set a visitation plan for the father.