Latest 2 Cases: In re A.T. (Family Law), Michael N. v. Brandy M. (Family Law)

In re A.T.

Docket: 19-0598

Opinion Date: June 17, 2020

Judge: Walker

Areas of Law: Family Law

The Supreme Court reversed the circuit court's order terminating Father's parental rights and remanded the matter for a new dispositional hearing, holding that the circuit court erred in granting multiple extensions to the pre-adjudicatory improvement period, and the court's factual determinations were clearly erroneous and contrary to the record. After his three minor children were removed from his home, Father was granted a pre-adjudicatory improvement period starting on September 14, 2016. Over the next two years, the circuit court granted extensions to the pre-adjudicatory improvement period. Father was not adjudicated until November 23, 2018. On June 3, 2019, the circuit court terminated Father's parental rights. The Supreme Court reversed, holding (1) the court erroneously granted several extensions to the pre-adjudicatory improvement period, in violation of time limits set forth by W. Va. Code 49-4-610(1) and 49-4-610(9); and (2) the circuit court's findings relating to the substantive allegations upon which Father's parental rights were terminated were clearly erroneous.

Michael N. v. Brandy M.

Docket: 18-0780

Opinion Date: June 17, 2020

Judge: Jenkins

Areas of Law: Family Law

The Supreme Court reversed the order of the circuit court affirming a family court order dismissing a petition seeking genetic testing to establish paternity and allocate custodial responsibility filed by Petitioner, holding that the circuit court erred by affirming the family court's ruling that Petitioner lacked standing to initiate a paternity action. Following a hearing, the family court issued an order directing paternity testing. Prior to genetic testing, Respondents were granted a writ of prohibition prohibiting enforcement of the family court's order, finding that Petitioner lacked standing to initiate the paternity action. The Supreme Court reversed, holding (1) a petition by a putative biological father seeking to establish his paternity over a child who was born while the mother was married to another man satisfies the "special circumstances" exception in State ex rel. Roy Allen S. v. Stone, 474 S.E.2d 554 (W. Va. 1996), if certain conditions are met; and (2) under the narrow and specific facts of this case Petitioner had standing to pursue his paternity action.