dissenting.
I respectfully dissent because the trial judge in his findings of fact and conclusions of law determined that the respondent, the natural mother, was not a fit or proper person to have the custody of her minor children. He recited the facts upon which he based his determination.
The Court of Appeals reversed his decision because, in its view, the trial judge was required to find such a degree of unfitness as would justify a termination of the mother’s parental rights before he could grant custody to the grandmother. There is dicta to that effect in Boatwright v. Walker, Ky.App., 715 S.W.2d 237, 244 (1986). The majority opinion does not discuss the propriety of the Boatwright standard for determination of unfitness, but seemingly establishes a lesser standard, *331and holds that the evidence of unfitness of the natural mother was insufficient to deprive her of custody.
In my opinion, the findings of the trial judge were not clearly erroneous, nor did his judgment constitute an abuse of discretion. For that reason I would reinstate the judgment of the trial court.
WINTERSHEIMER, J., joins in this dissenting opinion.