West Virginia Supreme Court
In Re: S.W.
November 5, 2015236 W. Va. 309
Summary
The West Virginia Supreme Court reversed the circuit court's order terminating the paternal grandparents' legal guardianship of S.W. and remanded for a visitation schedule, finding the record insufficient to show a material change in circumstances or that returning the child to the mother served the child’s best interests. The Court emphasized statutory requirements and the paramount importance of the child’s stability and best interests.
Holding
- Whether the circuit court properly terminated the grandparents' legal guardianship under the statutory requirements of material change and best interests. The circuit court erred; the termination is reversed because the record did not demonstrate a material change in circumstances nor that returning the child to the mother served the child’s best interests.
- Whether the circuit court abused its discretion in modifying the dispositional order after two years, thereby depriving the child of permanency. The circuit court abused its discretion; the modification is reversed because the statutory and evidentiary standards for best‑interests were not satisfied.
- What visitation schedule should be ordered on remand. The circuit court must enter an order establishing visitation rights for the mother and maternal grandparents that consider the child’s best interests, school schedule, and emotional adjustment.
Docket 15-0333
Cited authorities
- W.Va. R.App. P. 40
- W. Va. Code § 44-10-3