In re Hunter H.
231 W. Va. 118
| W. Va. | 2013Background
- Certified question from circuit court asks if a court may order continued grandparent visitation after a child is adopted by a non-relative.
- Hunter H. involved; Hunter, ~17 months old, had parental rights terminated; initially with maternal grandmother, then placed with a foster family.
- Grandmother Donna sought more visitation; court granted overnight visitation during an adoption waiting period, spurring dispute.
- Adoption occurred by non-relatives (Joyce and Jerry W.); Grandmother Donna sought post-adoption visitation arguing best interests.
- W.Va.Code § 48-10-902 provides automatic vacatur of grandparent visitation upon non-relative adoption; Act is exclusive for grandparent visitation issues.
- Court concluded the Grandparent Visitation Act is exclusive and vacates post-adoption visitation when adopted by a non-relative; no provision for post-adoption petitions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether grandparent visitation may continue after non-relative adoption. | Donna argued for post-adoption visitation based on best interests. | W.Va.Code § 48-10-902 vacates such visitation; Act exclusive. | No; Act exclusive and vacates post-adoption visitation. |
Key Cases Cited
- Brandon L. v. Moats, 209 W.Va. 752 (2001) (exclusive framework for grandparent visitation; distinguishes family vs nonfamily adoptions)
- Cathy L. v. M. (R. M.), 217 W.Va. 319 (2005) (legislature distinguishes adoptions within/outside the family; guidance on best interests post-adoption within-family)
- In re Jonathan G., 198 W.Va. 716 (1996) (recognizes child’s right to continued association with nonparents if in best interests)
- Honaker v. Burnside, 182 W.Va. 448 (1989) (best interests and stability guide continued contact with significant figures)
- Troxel v. Granville, 530 U.S. 57 (2000) (parental rights and weight given to parental preference in visitation determinations)