Jacquelyn F. v. Andrea R.
16-0585
| W. Va. | Jun 16, 2017Background
- Jacquelyn F. (mother) has a son, T.F., born 2006. Andrea R. filed a petition in Jan 2016 seeking child custody and parenting time as T.F.’s "psychological parent."
- Jacquelyn moved to dismiss Andrea’s petition for lack of standing under West Virginia law and this Court’s decision in In re Clifford K.
- Family Court held a hearing and granted the motion to dismiss on March 30, 2016, concluding a psychological parent lacks statutory standing to seek custody/parenting time.
- Andrea appealed to the Circuit Court, which remanded to Family Court for further development of the record and reconsideration of standing and best interests.
- Jacquelyn appealed the circuit court’s remand to the West Virginia Supreme Court of Appeals; the Supreme Court reviewed whether remand was proper given lack of statutory standing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a psychological parent has standing to petition for child custody/parenting time under WV law | Jacquelyn: Andrea lacks standing because she is not a "legal parent" under WV Code and Clifford K.; dismissal proper | Andrea: Court should revisit Clifford K. and allow psychological parents to petition for custody/parenting time | Court: Clifford K. controls; psychological parents are not "legal parents" under statute; Andrea lacked standing; circuit court erred in remanding; family court dismissal affirmed |
Key Cases Cited
- In re Clifford K., 217 W.Va. 625, 619 S.E.2d 138 (2005) (held psychological parent is not a "legal parent" for standing under WV custody statutes)
- Carr v. Hancock, 216 W.Va. 474, 607 S.E.2d 803 (2004) (standards of review for family/circuit court appellate review)
- Findley v. State Farm Mut. Auto. Ins. Co., 213 W.Va. 80, 576 S.E.2d 807 (2002) (discussion of standing principles)