Miranda L. v. Michael L.

Summary

The Intermediate Court of Appeals of West Virginia affirmed a family court order granting a phased-in parenting plan culminating in equal 50-50 parenting time. The court held that the family court adequately considered the father's Huntington's disease, alleged domestic violence, and applicable statutory safeguards, and did not abuse its discretion in determining that the parenting plan served the children's best interests. The opinion was issued as a memorandum decision under Rule 21 of the West Virginia Rules of Appellate Procedure.

Holdings

1. The family court sufficiently addressed Father's domestic violence history and Huntington's disease and imposed limits reasonably calculated to protect the children from harm.
2. The family court did not err or abuse its discretion by adopting a phased-in parenting plan culminating in equal 50-50 parenting time.

Questions Presented

1. Whether the family court sufficiently considered Father's alleged domestic violence and Huntington's disease when establishing the parenting plan.
2. Whether the graduated parenting plan culminating in equal 50-50 parenting time was in the children's best interests and included safeguards reasonably calculated to protect them from harm.

Disposition

affirmed