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BARSTAD v. FRAZIER

No. 82-1182.

118 Wis.2d 549 (1984)

348 N.W.2d 479

Theol A. BARSTAD, Plaintiff-Respondent, v. Wanda K. FRAZIER, Defendant-Appellant-Petitioner, Michael L. WEISS, Defendant.

Supreme Court of Wisconsin.

Decided May 30, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Donna M. Mueller and Wisconsin Judicare, Inc., Wausau, and oral argument by Ms. Mueller.

For the plaintiff-respondent there was a brief by Terrence M. Gherty, Susan Schleif Gherty and Gherty and Dunlap, Hudson, and oral argument by Terrence M. Gherty.

DAY, J.

This is a review of a decision of the court of appeals1 affirming a judgment of the circuit court for St. Croix county, Honorable John G. Bartholomew, Circuit Judge, awarding custody of Michael Scott Frazier to his grandmother Theol Barstad. This review presents the question of the standard to be applied in a custody dispute between a parent and a third party. We hold that unless the court finds that the parent is unfit or unable...

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