This section contains the nature of the case and procedural background.

A two-year-old has lived in foster care since four days after birth. The parental rights were terminated, and both the foster parents and the maternal grandparents applied for custody of the child. At trial, the evidence showed that the grandparents were in good health and that their home life is financially and emotionally stable. The evidence also showed that they had six children two of whom remained at home and the grandparents also have custody of the child's sisters. The issue was in breaking the bond established by the foster parents, and the experts were split. The trial court found for the grandparents' expert in that even though harm would come it would diminish and be temporary as new bonds were established. The trial court granted the parents petition based on the family preference for minority adoptions. The court of appeals held the statute unconstitutional but affirmed the results based on the common law preference for family adoptions.

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