In re Grandparent Visitation of L.M., A.M., E.M., J.M., B.M. and S.M, 20-0037

Background

Chief Justice Jenkins wrote a dissent to the court’s decision affirming an award of grandparent visitation for six grandchildren, arguing the majority failed to adequately analyze the children’s best interests.
West Virginia statutes governing grandparent visitation require a finding that visitation is in the child’s best interests and does not substantially interfere with the parent–child relationship.
The lower courts granted reasonable visitation to the grandparents; the majority affirmed, but (per the dissent) relied only briefly on the statutory “any other factor relevant to the best interests of the child” provision.
Therapists who worked with the children (including the reunification therapist) expressed professional concerns that the children were not ready for court-ordered visitation and subsequently withdrew from treatment or recused themselves; the dissent says the majority omitted discussion of these professional opinions.
The majority justified visitation in part by speculating that the mother’s hostility might prevent voluntary grandparent visits absent a court order; the dissent contends this emphasis prioritized competing adult rights over the children’s welfare.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court applied the required "best interests of the child" standard before awarding grandparent visitation	Grandparents: visitation is in children’s best interests and should be ordered; parental hostility could block voluntary contact	Mother: court-ordered visitation may harm children; parental decisionmaking and therapists’ concerns should control	Majority affirmed visitation; dissent finds majority failed to meaningfully apply best-interests analysis
Who bears burden and standard of proof for grandparent visitation under state law	Grandparents: preponderance showing visitation is in child’s best interest satisfies statute	Mother: statutory protections and parental rights limit grandparent relief absent clear best-interests proof	Statute requires preponderance; majority awarded visitation; dissent says statutory best-interests mandate was not properly applied
Weight to give parental preference (Troxel) versus child’s best interests	Grandparents: Troxel does not automatically override grandparent claims; court must assess case-specific facts	Mother: Troxel requires special weight to parental decisions about visitation; parental preference should be decisive absent clear harm	Court recognized Troxel but (per dissent) failed to balance parental preference with an adequate best-interests inquiry
Consideration of therapists’ professional opinions and ethical withdrawals	Grandparents: court may order visitation despite professional concerns if overall best-interests factors favor visits	Mother: therapists’ withdrawal and stated concerns show children are not ready; these professional views should weigh heavily	Majority did not discuss therapists’ withdrawals in depth; dissent faults the majority for ignoring these professional assessments

Key Cases Cited

Troxel v. Granville, 530 U.S. 57 (2000) (Supreme Court holding parental decisions about visitation deserve special weight)
In re K.H., 235 W. Va. 254 (2015) (best-interests must be included alongside parental preference in grandparent-visitation analysis)
In re Hunter H., 231 W. Va. 118 (2013) (Grandparent Visitation Act incorporates best-interests standard)
State ex rel. Brandon L. v. Moats, 209 W. Va. 752 (2001) (grandparents bear burden to prove visitation is in the child’s best interests)
Mary Jean H. v. Pamela Kay R., 198 W. Va. 690 (1996) (children’s best interests take priority over grandparents’ visitation rights)
Petition of Nearhoof, 178 W. Va. 359 (1987) (trial courts must give paramount consideration to the child’s best interests in grandparent petitions)
State ex rel. Jeanne U. v. Canady, 210 W. Va. 88 (2001) (reiterating best-interests as the guiding principle in child-related disputes)
In re L.M., 235 W. Va. 436 (2015) ("polar star" principle: best interests govern decisions affecting children)