Bennett v. Jeffreys

356 N.E.2d 277 (1976)

Facts

Gina (M) gave birth to a daughter when she was 15. Under pressure from her mother, M transferred the child to a former classmate of the child's grandmother. There was no statutory surrender or abandonment. M was also fit to be a parent as she applied for custody of her now eight-year-old daughter. M is 23 and will soon graduate from college and lives with her family in a private home with quarters available for her and her daughter. The current custodian, Mrs. Jeffreys is now separated from her husband, is employed as a domestic, and on occasion has kept the child in a motel. She has indicated that she is willing to give up custody once the child reached 12 years old. The trial court left custody with Jeffreys. The appeals court reversed.