Justia West Virginia Supreme Court of Appeals Opinion Summaries

Approximately one month after I.T. was born, Mother and I.T. moved into Grandmother’s residence. Mother moved out of Grandmother’s residence five months later, leaving I.T. in Grandmother’s care. Grandmother subsequently filed a petition requesting that she be appointed guardian of I.T. The circuit court denied the guardianship petition, finding (1) Grandmother failed to present evidence that Mother was an unfit mother; and (2) there was no finding of abuse or neglect by Mother upon I.T. The Supreme Court affirmed, holding that the circuit court did not err by (1) issuing its ruling prior to receiving the report of I.T.’s guardian ad litem or the results of a paternity test; and (2) denying Grandmother’s guardianship petition.View "In re I.T." on Justia Law

Mother filed two domestic violence petitions on behalf of B.C., her minor child. Mother’s second petition was granted, and an emergency protective order was entered in favor of B.C. and against Father. Mother subsequently filed an amended abuse and neglect petition asking the circuit court to terminate Father’s parental rights based upon his alleged abuse and neglect of B.C. The allegations were essentially the same allegations made in the domestic violence petition. The circuit court dismissed the petition, concluding that it was barred by the doctrine of res judicata and collateral estoppel. The Supreme Court reversed, holding that even if a civil domestic violence proceeding and a civil abuse and neglect proceeding involve the same underlying facts, the separate proceedings do not implicate the doctrines of res judicata or collateral estoppel.View "In re B.C." on Justia Law

In this divorce case, Husband appealed and Wife cross-appealed from the final order entered by the circuit court. The Supreme Court reversed and remanded in part and affirmed in part the decision of the circuit court, holding that the circuit court (1) erred in its valuation of Husband’s marital interest in Advantage Timberland, Inc. (“Advantage”) and erred in its calculation of child support; and (2) did not err in (i) reversing the decision of the family court regarding rehabilitative spousal support; (ii) attributing one-third of the value of Advantage to Husband’s personal good will; and (iii) not awarding attorney’s fees and costs to Wife.View "Ward v. Ward" on Justia Law

Mother and Father’s first child, L.W., died due to abusive head trauma in 2009. Father confessed to causing L.W.’s death and pleaded guilty to felony manslaughter. Father subsequently denied that any abuse or neglect of L.W. occurred. In 2012, Mother and Father’s second child, S.W., was born. The Department of Health and Human Resources (DHHR) filed an abuse and neglect petition against Mother and Father, alleging that Father was subject to an aggravated circumstances filing based upon his conviction of manslaughter. The circuit court granted emergency custody of S.W. to the DHHR. After a disposition hearing, the circuit court directed the DHHR to develop a plan for reunification between S.W. and Father. DHHR appealed. The Supreme Court reversed, holding that the circuit court erred in ordering reunification because Father’s failure to acknowledge responsibility for the death of L.W. rendered the conditions and circumstances in the home untreatable. Remanded for entry of an order terminating the parental rights of Father to S.W. View " In re S.W." on Justia Law

The circuit court adjudicated Mother’s two children abused and neglected and awarded Mother a six-month post-adjudicatory improvement period. After the conclusion of Mother’s improvement period, the circuit court granted primary custodial responsibility to the children’s father (Father) and granted Mother unsupervised visitation with the children. The Supreme Court affirmed, holding that the circuit court did not err by granting Father primary custody of the children where (1) Mother had substantially complied with the terms and conditions of her improvement period because, in making the final disposition in a child abuse and neglect proceeding, the level of a parent’s compliance with the terms and conditions of an improvement period is just one factor to be considered; and (2) any delay in awarding unsupervised visitation to permit Mother to demonstrate what she had learned from her improvement period was due to Mother’s own actions, which caused continuing concern for the children’s safety.View "In re B.H." on Justia Law

Upon Mother’s divorce from Father, Mother was designated primary custodian of their daughter. When the daughter was seven years old, Mother was arrested upon a charge of child neglect. Mother pleaded guilty to contributing to the neglect of a minor. The family court designated Father as the daughter’s custodian and established a temporary visitation schedule between Mother and the child. The circuit court subsequently (1) sentenced Mother to thirty days in jail and two years of probation, (2) directed Mother to register with the state police pursuant to the West Virginia Child Abuse and Neglect Registration Act (the Act), and (3) reduced Mother’s temporary visitation schedule with the daughter. The Supreme Court affirmed, holding that the circuit court (1) did not abuse its discretion in requiring Mother to register under the Act; and (2) did not commit reversible error in modifying the temporary visitation schedule established by the family court.View "State v. Kimberly S." on Justia Law

Mother and Father were married and had three minor children. After Mother and Father divorced, the family court ordered that Father’s parents should have visitation with the children every other Saturday. Mother appealed, asserting that the family court erred in granting grandparent visitation. The circuit court refused Mother’s petition for appeal. The Supreme Court reversed, holding (1) the family court exceeded its authority under the West Virginia Grandparent Visitation Act when it awarded visitation with the children to the grandparents; and (2) the circuit court continued the legal error in refusing Mother’s petition for appeal. Remanded for entry of an order denying grandparent visitation rights to the grandparents. View "Alyssha R. v. Nicholas H." on Justia Law

Husband and Wife were married and had a child together. The family court later entered an order granting the parties a divorce on the grounds of irreconcilable differences. Wife was designated the custodian of the parties' child and Husband was granted parenting time with certain limitations due to Husband's propensity to initiate conflict with other person. The circuit court affirmed most of the family court's rulings, with the exception of the limitations on Husband's visitation with the child, concluding that the family court abused its discretion when it limited Husband's visitation because of potential conflicts with other persons. The Supreme Court reversed the circuit court's order insofar as it expanded Husband's parenting time with the child and remanded with directions to reinstate the family court's order, holding that the family court's limitation of Husband's contact with the child was amply supported by the evidence, and it was an abuse of the circuit court's discretion to overrule the family court's order in this regard.View "Mark V.H. v. Dolores J.M." on Justia Law

The Department of Health and Human Resources (DHHR) filed a petition to institute abuse and neglect proceedings against Mother regarding her child K.L. The DHHR’s petition against Mother was based solely on the prior involuntary termination as to another child C.W. The circuit court terminated Mother’s parental rights after finding that Mother failed to meet her burden of showing a change in her circumstances since the termination of her parental rights to C.W. The Supreme Court reversed, holding that the circuit court committed reversible error in shifting the burden to Mother in this abuse and neglect case. Remanded. View "In re K.L." on Justia Law

Four days before their wedding, Husband and Wife executed a prenuptial agreement. Wife later filed for divorce, and Husband requested enforcement of the prenuptial agreement. The family court invalidated the prenuptial agreement on the grounds that Wife did not enter into the agreement with full knowledge of the contents of the agreement and its legal effect. The family court ultimately divided the parties’ marital estate equally. The circuit court largely affirmed. The Supreme Court (1) affirmed the portion of the circuit court’s order that ruled that the prenuptial agreement was unenforceable; but (2) reversed the portion of the circuit court’s order related to the equitable distribution of the parties’ marital estate. Remanded. View "Owen v. Owen" on Justia Law