Fabiano D. v. Dylan Y., 25-ica-11

Mother (Dylan Y.) and Father (Fabiano D.) are unmarried parents of a child born in 2017.
Parties live about seven hours apart (Mother in West Virginia, Father in North Carolina), creating logistical challenges for custody.
After allegations of abuse against Father (unsubstantiated by authorities), Mother was awarded primary custody; Father sought more parenting time.
In prior proceedings, the family court adopted a plan favoring Mother based largely on the GAL’s recommendations; the Intermediate Court of Appeals remanded for more detailed findings under West Virginia custody statutes.
On remand, the family court again awarded primary custody to Mother, finding equal custody impractical during the school year but granted Father increased summer and holiday time; Father appealed the adequacy of this reasoning and the lack of 50-50 summer parenting time.

Issue	Father's Argument	Mother's Argument	Held
Did the court fail to apply custody-limiting factors for alleged fraudulent CPS reports?	Mother's referrals were fraudulent and mandate custody limits.	Reports were made reasonably, not fraudulently.	No error: No finding reports were fraudulent; limiting factors inapplicable
Did the court err by not maximizing Father's summer parenting time?	Should get equal (50-50) custody in summer.	Current allocation is reasonable based on child's best interests.	Court vacated summer parenting order for further fact-finding and reconsideration

Christopher P. v. Amanda C., 250 W. Va. 53 (2024) (sets appellate review standard for family court orders)
Nichols v. Nichols, 160 W. Va. 514 (1977) (discretion of family courts in custody matters)
Shafer v. Kings Tire Serv., Inc., 215 W. Va. 169 (2004) (abuse of discretion standard)
Province v. Province, 196 W. Va. 473 (1996) (importance of clear findings and conclusions in family court orders)
Kane M. v. Miranda M., 250 W. Va. 701 (2024) (family courts must provide specific factual findings for custodial allocations)