Can the Court Grant Continuing Custody of a Child to a Nonparent In the Best Interest of the Child

In Drumb v. Keen (47 Iowa 435 [1877]), the Supreme Court of Iowa sustained the continued custody of a five-year-old child with his grandmother in the face of a claim by the boy's father. See also the following cases, all granting or continuing custody of a child with a nonparent against the parent's claim: Chapsky v. Wood, 26 Kan 650 (1881) Verser v. Ford, 37 Ark 27 (1881) Smith v. Bragg, 68 Ga 650 (1882) Bonnett v. Bonnett, 61 Iowa 199, 16 NW 91 (1883) Sturtevant v. State ex rel. Havens, 15 Neb 459, 19 NW 617 (1884) Jones v. Darnall, 103 Ind 569, 2 NE 229 (1885) Bryan v. Lyon, 104 Ind 227, 3 NE 880 (1885) People ex rel. Curley v. Porter, 23 Ill App 196 (1887) Clark v. Bayer, 32 Ohio St 299 (1877) Hoxsie v. Potter, 16 RI 374, 17 a 129 (1888) In re Blackburn, 41 Mo App 622 (1890) In re Gates, 95 Cal 461, 38 P 596 (1892) Legate v. Legate, 87 Tex 248, 28 SW 281 (1894) Sheers v. Stein, 75 Wis 44, 43 NW 728 (1889) In re Vance, 92 Cal 195, 28 P 229 (1891) Green v. Campbell, 35 W Va 698, 14 SE 212 (1891) Enders v. Enders, 164 Pa 266, 30 a 129 (1894) Stringfellow v. Somerville, 95 Va 701, 29 SE 685 (1898) McKercher v. Green, 13 Colo App 270, 58 P 406 (1899) These cases illustrate a well-established policy of the judiciary to manage conflicted family relations based on the best interest of the child. There is no mention of fundamental or constitutional rights in any of these cases, or any doubt expressed by the courts that they had the authority to make these decisions.