24-ica-466
W. Va. Ct. App.Jun 27, 2025Background
- The case concerns the modification of a custody arrangement for two minor children shared by Siraaj M. (Father) and Stephanie M. (Mother) in Jefferson County, West Virginia.
- Since a 2012 order, Mother was the primary residential parent, but over a decade both parties sought various modifications and filed contempt motions regarding custody, support, and related issues.
- Father completed alcoholism recovery in 2024 and filed to modify custody for the younger child; Mother filed for contempt against Father regarding therapy compliance, support, and harassment.
- The family court appointed a guardian ad litem (GAL), who interviewed the children and recommended continuing the 50-50 parenting time arrangement while considering the children’s stated preferences.
- The family court largely adopted the GAL's recommendations, including the continuation of near-equal parenting time, which Father appealed.
- Both parties are self-represented and this is the latest in a series of appellate decisions related to their ongoing custody dispute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Family court allegedly ignored evidence | Family court ignored facts, evidence, and pleadings against Mother | Supports family court’s impartiality and decision | Court found no bias or error: all issues were considered |
| Alleged lack of procedural fairness | Denied a meaningful opportunity to be heard/quash discovery | Process and time were given to both parties equally | Court found both parties had ample opportunity to present |
| Best interests of children disregarded | Family court did not consider children’s best interests | GAL consulted, children’s wishes respected | Court found the family court properly prioritized this |
| Orders allegedly used to intimidate | Court-issued orders were intimidating or improper | (Not substantively addressed) | Not considered as those orders were not on appeal |
Key Cases Cited
- Christopher P. v. Amanda C., 250 W. Va. 53 (West Virginia Supreme Court 2024) (standard of review for family court orders and custody cases)
- Tudor’s Biscuit World of Am. v. Critchley, 229 W. Va. 396 (West Virginia Supreme Court 2012) (assignment of error consolidation on appeal)