dissenting.
A reading of the cases on parent-grandparent custody disputes raises as many questions as answers. Is there bonding, as a matter of law, whenever a young child spends the first few years of his life under the exclusive care of his grandparents? If not, is expert testimony necessary to establish bonding? If so, let us say as much to inform the bench and bar. If not, what kind of non-expert testimony is sufficient? If bonding is established by competent evidence, is expert testimony necessary to address the issue of the effect on the child of continuing or changing his custody? Again, if so, let us spread the word. If not, what kind of non-expert testimony is sufficient?
By remanding this case to adduce more evidence, we do little to guide judges or lawyers. We simply invite continuing confusion, uncertainty and appeals. The questions go unanswered.
I would affirm the district court’s judgment awarding custody of Steven Glaser to his mother, Cheri. The trial judge weighed the evidence and observed and heard those giving it which, in a custody proceeding, is of inestimable significance. For a trial judge who has seen and decided dozens of custody disputes to observe that he is impressed “with the single minded resolution of Cheri Glaser to reobtain the custody of her son” indicates to me that Ms. Glaser’s demeanor and credibility, in addition, of course, to her testimony, were compelling enough for an experienced decision maker to be convincingly persuaded.
The trial judge characterized her conduct as “responsible”, “mature”, explaining that Ms. Glaser “surrounded herself with the home, work and planning necessary to take care of her son.” He further concluded that “there is absolutely nothing in the record to reflect that the child will not be taken care of and his needs met at this time by his mother.” The evidence was sufficient to demonstrate that the child would be well cared for by his mother. Photographs and the mother’s testimony supported that finding. Remand will result only in further delay and agony for all concerned. This was a difficult case to begin with and it will not get easier with additional testimony.
We start with the basic premise that a parent’s rights are superior to all third parties. When there is a custody dispute between a parent and third party “the test is whether or not there are exceptional circumstances which require that, in the best interests of the child, the child be placed [in the custody of] the third party rather than with his or her biological parents.” In re Buchholz, 326 N.W.2d 203, 207 (N.D.1982), citing Mansukhani v. Pailing, 318 N.W.2d 748, 751 (N.D.1982). One of the exceptional circumstances is a psychological bonding between the child and the third party. The trial court found no such bonding in this case. The burden was on the grandparents to establish a psychological parental situation which, in Steven’s best interests, would require placement of custody with them rather than with his mother. This, they did not do, either by expert testimony or by convincing testimony from themselves or other family members. We cannot and ought not retry cases *566for litigants. The burden of proof was on the grandparents. The trial court was not persuaded. Nor did it deem it necessary to request additional testimony to make its decision.
Further, I believe there is a compelling social policy at stake here. A sixteen-year-old child resolutely determines to give birth to her child, to resist placing that child for adoption but instead, to maintain her parental rights to and connection with that child, assisted and encouraged to do so by the same grandparents who now contest her right to exercise custody and control. There is no question that the arrangement for Steven’s care by the grandparents was intended to be temporary. A young mother should be encouraged to seek reasonable help for her child from family members without the risk of losing custody to those profferring assistance.
This is not a case where a mother has been found unfit by the judge or where the grandparents assert she is unfit. They simply allege that she is not yet ready to assume custody and control of her son. Cheri Glaser is 21 years old and the trial court found, based on sufficient evidence, that she has been preparing for this day for five years. The trial court concluded she is ready, willing and able to care for Steven and that it is in Steven’s best interests that she do so.
I would affirm the trial court’s decision and let Steven and his mother as well as his grandparents get on with their lives. I respectfully dissent.
MESCHKE, J., concurs.