West Virginia Supreme Court
In Re Hunter H.
June 14, 2011715 S.E.2d 397
Summary
The West Virginia Supreme Court reversed the circuit court’s order placing Hunter H. with his maternal grandmother and remanded for placement with his foster parents, holding that the best‑interests analysis outweighs the statutory grandparent preference and that a gradual transition is required.
Holding
- Whether the circuit court erred by giving improper weight to the statutory grandparent preference over the best interests of the child. Yes. The grandparent preference is not absolute and must be subordinated to the child’s best interests; the circuit court erred by giving it improper weight.
- Whether the circuit court’s findings of fact were clearly erroneous. Yes. The findings were clearly erroneous because they omitted material facts about the child’s bond with the foster family and ignored expert testimony.
- Whether the circuit court erred in denying a stay and ordering immediate placement without a gradual transition. Yes. The court erred; the law requires a gradual transition to avoid trauma, and the immediate transfer violated that principle.
Docket 35750, 35751