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Bell v. Taylor

The trial court's order granting joint legal custody of the child to the father and maternal grandmother, with the maternal grandmother having primary physical custody, did not evince any finding that the child would suffer physical or significant, long-term psychological harm if the father was awarded custody; rather, the type of harm the trial court noted fell within that level of stress and discomfort that was an acceptable price for reuniting a child with a parent.

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This appeal is from a final order granting joint legal custody of a child to the father and the maternal grandmother, but primary physical custody to the grandmother. We reverse.

The minor child, D. B., was born August 19, 2008, to two unmarried parents, David Bell, Jr., and Kristy Taylor. In 2011 both parents consented to the maternal grandmother, Misty Taylor, being the temporary guardian, and the grandmother has reared the child since then. Bell, who was 20 when D. B. was born, had little to no role in the child’s life for the first few years. He acknowledged that in the past he used drugs and alcohol, and was just young and wild and partied a lot. But Bell eventually straightened his life out.

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