Justia West Virginia Supreme Court of Appeals Opinion Summaries

Appellant Mickey Justice and Appellee Dawn Palmer (now Lacy) had a child out of wedlock. The baby was born prematurely, and as a result, suffered from neurological and other health problems that were characterized as âspecial needs.â Appellant was served with a paternity suit in 2005. He counter-petitioned admitting paternity, and sought custodial rights as the childâs biological father. Specifically, Appellant wanted regular and enforceable parenting time with the child. Following a hearing, the parties agreed that Appellant would take training classes on the proper care of a special needs child, and that on successful completion of the training, Appellant would be awarded regular visitation on the weekends. The training was held inside the childâs home, meaning, Appelleeâs home. Appellant filed a motion of contempt with the court citing difficulty he had in completing the training, since it was effectively at Appelleeâs discretion as it took place at her home. Appellee refused on multiple occasions to allow additional visitation. Appellant sought to modify his parenting time with the child in light of the training difficulties, but the family court denied his motion. On appeal, the circuit court did not reverse the family courtâs rulings, but did not grant Appellant the additional parenting time he sought. The Supreme Court held that certain orders of the family court were too vague for Appellant to follow so that he would be in compliance. The vague orders were a violation of Appellantâs constitutional right of due process. Accordingly, the Court reversed the orders of the lower courts, and remanded the case with instructions for further proceedings.