West Virginia Supreme Court
Amanda A., Petitioner Below, Petitioner v. Kevin T., Respondent Below, Respondent
November 6, 2013232 W. Va. 237
Summary
The West Virginia Supreme Court affirmed the circuit court’s order upholding the family court’s modification of custody, granting the father primary residential custody, finding no abuse of discretion and that the change was justified by the child’s enrollment in pre‑K and best‑interest factors.
Holding
- Whether the family court abused its discretion by relying on speculative evidence of the mother’s possible future relocation in modifying custody. The family court did not abuse its discretion; speculation about future relocation was not a primary factor and the court’s decision was supported by the record.
- Whether the family court erred in its application of West Virginia law in modifying the parenting plan. The family court correctly applied West Virginia Code §§48‑9‑401(a), 48‑9‑101(b), and 48‑9‑102(a) and therefore did not err.
Docket 12-1276
Cited authorities
- W. Va. Code § 48-9-401