Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court affirmed the order of the circuit court affirming the order of the family court, which crafted a reunification plan with the goal of allowing grandparent of visitation to Respondents, the paternal grandparents of the six children in this case, holding that Petitioner did not meet her burden to demonstrate error.Upon her divorce from the children's father, Petitioner was granted full custody of the children. In the presence of all the children, the maternal grandfather shot and killed the father and then shot and killed himself. Respondents subsequently filed a petition for grandparent visitation. After a hearing, the family court ordered grandparent visitation. The circuit court affirmed. The Supreme Court affirmed, holding that Petitioner failed to meet her burden of showing that the judgment below was erroneous. View "In re Grandparent Visitation of L.M." on Justia Law

The Supreme Court reversed the circuit court's termination of Mother's parental rights to her infant child, who died during the pendency of these abuse and neglect proceedings, holding that W. Va. Code 49-4-604(c)(6) does not permit termination of parental rights following the death of the child who is the subject of the underlying abuse and neglect petition.Mother entered a voluntary stipulation of adjudication admitting that she neglected the infant by subjecting it to drug abuse and/or a drug-endangered environment and by using and abusing alcohol and drugs. The infant subsequently died. Mother moved to dismiss the petition against her. The circuit court denied the motion and later terminated Mother's parental rights to the child. The Supreme Court reversed, holding that the death of the only child named in an abuse and neglect petition requires its post-adjudicatory dismissal. View "In re A.P." on Justia Law

The Supreme Court vacated the decision of the circuit court affirming the family court's determination that Respondent was the legal father of Child, holding that the circuit court erred in upholding the family court's paternity determination.The family court concluded that Respondent was the legal parent of Child and conducted both a de facto adoption and de facto termination of parental rights. In affirming the determination of the family court, the circuit court upheld the family court's refusal to admit DNA test results demonstrating that Petitioner was Child's biological father. The Supreme Court vacated the decisions of the lower courts and remanded the case, holding (1) the lower courts erred in their decision to disregard the paternity test results; and (2) to the extent that both a de facto adoption and termination of parental rights occurred in family court, the court acted beyond its jurisdiction. View "Corey D. v. Michelle H." on Justia Law

The Supreme Court reversed the order of the circuit court denying C.R.'s motion to modify a provision in final adoption orders prohibiting visitation between her adoptive children and R.R., her former husband, holding that this provision in the final adoption orders was an impermissible restriction on C.R.'s parental rights.Prior to and during abuse and neglect proceedings, J.S. and K.S. were in the custody of C.R., their biological aunt, and R.R. When it was discovered that R.R. was a user of illicit drugs C.R. filed for divorce and then filed an amended petition seeking to adopt J.S. and K.S. as a single parent. The circuit court granted the adoptions, but the orders provided that C.R. was enjoined and restrained from permitting contact by the children with R.R. C.R. filed a motion to modify the injunction, which the circuit court denied. The Supreme Court reversed, holding that the circuit court's attempt to restrict C.R.'s parental rights denied her due process of law. View "In re Adoption of J.S." on Justia Law

The Supreme Court reversed the final order of the circuit court in favor of Plaintiff in this case alleging that Defendant fraudulently and intentionally concealed for more than a decade the fact that Plaintiff was the father of Defendant's child, holding that summary judgment should have been granted in favor of Defendant.In her motion for summary judgment, Defendant argued that Plaintiff's claims were barred by the applicable statute of limitations. The circuit court concluded that Plaintiff had waived her statute of limitations defense. The Supreme Court reversed, holding (1) the circuit court erred in concluding that Defendant had waived her defense based on the statute of limitations; and (2) Plaintiff's claims were barred by the relevant statute of limitations. View "Coffield v. Robinson" on Justia Law

The Supreme Court reversed the order of the circuit court denying Petitioners' motion to intervene in an abuse and neglect matter, holding that Petitioners had a right to a timely evidentiary hearing to determine their suitability for temporary placement.Soon after G.S., their grandchild, was born, Petitioners filed their petition for guardianship supported by written agreements signed by both parents purporting to transfer custody to Petitioners. The circuit court dismissed the petition. Thereafter, the Department of Health and Human Resources (DHHR) filed an abuse and neglect petition against G.S.'s parents. Petitioners moved to intervene, but the circuit court denied the motion. The Supreme Court reversed, holding that Petitioners had a right to be heard at a preliminary hearing to determine their suitability for temporary placement. View "In re G.S." on Justia Law

The Supreme Court denied Husband's petition for writ of prohibition challenging the circuit court's ruling on a motion to vacate and its authority to transfer the case to family court, holding that the court's decision to remand the case to the family court was not in excess of its jurisdiction.Husband, an attorney, filed a petition for divorce. Husband filed a signed property settlement agreement and financial statements that he drafted. Husband then filed the case in the circuit court pursuant to W. Va. Code 51-2A-2(b). The court entered a final divorce order without holding a hearing or giving notice to Wife. Wife later filed a motion to vacate and set aside the final divorce order. The circuit court granted the motion in part and transferred the case to the family court for resolution of issues involving support and equitable distribution. Husband then filed this petition for writ of prohibition. The Supreme Court denied the writ, holding that court did not err in granting the motion to vacate in part and that the court had the authority to transfer the case to family court. View "State ex rel. J. William St. Clair v. Honorable Gregory L. Howard" on Justia Law

The Supreme Court affirmed the decision of the circuit court reversing the family court's determination that Mother's child support obligation was $0, holding that the circuit court did not err.At the time of the parties' divorce Mother received custody of the two children, and Father was ordered to pay child support. The family court subsequently modified the custodial arrangement and granted primary custody of the children to Father. The family court determined that Mother's child support obligation was $0. The circuit court reversed, concluding that the family court erred in giving Mother credit for social security benefits received by the children. The Supreme Court affirmed, holding that the circuit court correctly applied W. Va. Code 48-13-603(a) in reversing the family court's determination that Mother, the nondisabled child support obligor, was entitled to credit for social security benefits paid to the children, who resided with Father, the disabled obligee. View "Amanda B. v. Hakeem M." on Justia Law

The Supreme Court affirmed the order of the circuit court denying Aaron W.'s requested writ of prohibition seeking to prevent Robert M. Montgomery, Judge of the Family Court of Kanawha County, from holding a hearing or otherwise deciding Evelyn W.'s motion to disqualify Aaron's counsel, holding that the family courts of this State have the authority to disqualify attorneys appearing before them.In this case that originated as a divorce proceeding, Evelyn filed a motion to disqualify Aaron's attorney from representing him in the divorce proceedings. Aaron filed a petition for writ prohibition in the circuit court seeking to prevent the family court from hearing or ruling on the motion, claiming that family courts lack jurisdictional authority to decide matters pertaining to the disqualification of attorneys. The circuit court denied the writ. The Supreme Court affirmed, holding that the family court had the jurisdictional authority to hear and rule upon Evelyn's disqualification motion. View "Aaron W. v. Honorable Robert M. Montgomery" on Justia Law

The Supreme Court reversed the order of the circuit court that denied Petitioner's appeal of an order of the family court modifying an infant guardianship order to prohibit Petitioner from having any contact with his child, J.B., holding that Petitioner's due process rights were violated.On appeal, Petitioner argued that the family court erred by failing to give him adequate notice or the opportunity to be heard at the final hearing in this matter. The Supreme Court agreed and reversed the circuit court's final order, holding that Petitioner was not afforded his due process rights as the father of J.B. when he was not afforded the opportunity to refute the family court's assumption that he was unfit to have contact with his child. The Court remanded this case for a full evidentiary hearing before the family court. View "David C. v. Tammy S." on Justia Law