In Re K.H.
235 W. Va. 254
| W. Va. | 2015Background
- K.H. born 2006; mother died in 2007; maternal grandmother (Glenna H.) obtained guardianship shortly after and served as primary caregiver for ~8 years. Father (Anthony B.) had little contact initially but gradually increased involvement.
- Family court approved grandmother’s guardianship in 2007; parties entered agreed custody orders in 2009 and 2011 giving father increasing parenting time; father paid support and provided insurance and school tuition.
- Father filed to terminate guardianship in January 2013; guardian ad litem investigated and recommended custody to father; grandmother sought recognition as a "psychological parent."
- Family court terminated the guardianship, denied psychological-parent status, and ordered a limited transitional visitation schedule; circuit court refused review. Grandmother appealed to the Supreme Court of Appeals of West Virginia.
- Supreme Court affirmed termination of guardianship but held the family court erred in denying psychological-parent status and remanded for entry of a liberal visitation order recognizing the grandmother’s right to continued association with the child.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether family court applied correct statutory standard (pre/post amendment W. Va. Code §44-10-3) and considered best interests/changed circumstances | Grandmother: court applied wrong statute and failed to properly evaluate best interests and material change | Father: court considered the child’s best interests and the father’s changed engagement; petition timely filed under pre-amendment scheme | Court: No reversible error — family court adequately considered best interests and changed circumstances; termination affirmed |
| Whether grandmother qualifies as a "psychological parent" | Grandmother: eight years of primary parenting, began with parental consent, substantial bonded relationship | Father: guardianship was temporary and father did not consent initially; natural-parent rights prevail | Court: Family court erred; grandmother is a psychological parent under Clifford K. definition |
| Whether psychological-parent status entitles grandmother to visitation or custody | Grandmother: status entitles continued association/visitation; seeks ongoing access | Father: parental constitutional rights limit nonparent visitation; transition already provided | Court: Psychological-parent status does not override father’s custody but warrants liberal, continuing visitation; remand for specific visitation order |
| Scope of constitutional limits after Troxel on awarding nonparent visitation over fit parent’s objection | Father: Troxel requires deference to fit parent and limits nonparent visitation | Grandmother: child’s best interests and bond justify visitation despite parental preference | Court: Troxel requires giving special weight to parent’s preference but does not preclude visitation when child’s best interests and longstanding relationship support it; ordered visitation consistent with Troxel |
Key Cases Cited
- Funkhouser v. Funkhouser, 158 W.Va. 964, 216 S.E.2d 570 (W. Va. 1975) (standards for appellate review of child custody discretion)
- Carr v. Hancock, 216 W. Va. 474, 607 S.E.2d 803 (W. Va. 2004) (review standards for family-court factual findings and legal questions)
- In re Clifford K., 217 W.Va. 625, 619 S.E.2d 138 (W. Va. 2005) (defines "psychological parent" and limits on third-party custody rights)
- In re Antonio R.A., 228 W.Va. 380, 719 S.E.2d 850 (W. Va. 2011) (custody preference and limits where biological parent seeks custody)
- Honaker v. Burnside, 182 W.Va. 448, 388 S.E.2d 322 (W. Va. 1989) (best interests standard can support visitation for nonparents despite parental custody)
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (parental due-process right limits courts awarding visitation to nonparents; courts must give special weight to parents' decisions)