State ex rel. Jeanne U. v. Canady, 210 W. Va. 88

Summary

The Supreme Court of Appeals of West Virginia considered a petition for a writ of prohibition challenging an order requiring disclosure of a child's biological paternity and permitting visitation with the biological father. The court held that the lower court improperly denied the mother an opportunity to present evidence concerning the child's best interests and remanded for a complete evidentiary hearing on visitation, including consideration of the child's preferences and maturity.

Holdings

1. No. Where paternity has been stipulated, the standing requirements of Roy Allen S. do not apply, and a substantial relationship hearing is not required.
2. Yes. The circuit court erred in denying the mother the opportunity to testify on the substantial relationship and best interests issues, and it failed to make an independent judicial determination of the child's best interests.
3. Yes, the circuit court should consider the child's opinions and desires in light of his age, maturity, and ability to make an independent judgment.

Questions Presented

1. Whether the mother was deprived of an opportunity to testify regarding the best interests of her son before the circuit court ordered that the child be told the identity of his biological father and allowed visitation.
2. Whether the circuit court properly delegated the determination of the child's best interests to a psychologist instead of making an independent judicial determination.

Disposition

writ_granted