Chandra T. v. Robert M.

Summary

The Intermediate Court of Appeals of West Virginia reviewed a family court order modifying a parenting plan by removing supervision and non-overnight restrictions on the father's parenting time. The court held that the family court acted within its discretion in assigning limited weight to the children's therapist's testimony and in finding a substantial change in circumstances based on the alleviation of a previously identified limiting factor. The court affirmed in part but remanded for specific written findings addressing whether the modified plan adequately protects the children and mother from harm under West Virginia Code § 48-9-209(c).

Holdings

1. A family court may accept or reject expert testimony in whole or in part, including uncontroverted testimony, when it makes specific, reasoned findings addressing the testimony's credibility, weight, or reliability. The family court acted within its discretion in assigning limited weight to the therapist's changed opinion because it conflicted with her prior testimony and was based primarily on the children's expressed preferences without independent observation of Father.
2. The lessening, improvement, or alleviation of a previously found limiting factor may constitute a substantial change in circumstances warranting modification of a parenting plan under West Virginia Code § 48-9-401(a), so long as the change was not anticipated and modification serves the children's best interests.
3. The family court was not categorically barred from modifying Father's parenting time because of his prior domestic violence, but it erred by failing to make special written findings addressing whether the children and Mother could be adequately protected from harm after removal of the supervision and non-overnight restrictions.

Questions Presented

1. Whether the family court abused its discretion by assigning limited weight to the testimony of the children's treating therapist.
2. Whether the family court properly found a substantial change in circumstances not anticipated in the prior parenting plan and properly determined that modification served the children's best interests.
3. Whether the family court's modification complied with West Virginia Code § 48-9-209(c) and the West Virginia Domestic Violence Act's requirements for protecting the children and Mother from harm.

Disposition

reversed_and_remanded