In re the Adoption of William Albert B., Katy Ann B., and Sierra Nicole B., 216 W. Va. 425

Summary

The Supreme Court of Appeals of West Virginia reversed orders terminating a father's parental rights and permitting the maternal grandparents to adopt his three children. The court held that the evidence did not establish statutory or common-law abandonment by clear, cogent, and convincing proof, noting that the father had attempted to support and contact the children and that the grandparents had interfered with visitation. The case was remanded for further proceedings concerning temporary custody and coordination with the pending family-court proceedings.

Holdings

1. The evidence did not support a presumption that the father abandoned the children because he met his legal obligation to attempt financial support within his means through wage withholding and attempted to visit or communicate with the children but was prevented from doing so by the grandparents.
2. The record did not contain clear, cogent, and convincing proof that the father had a settled purpose to forego all parental duties and relinquish all parental responsibilities; therefore, termination of his parental rights and the adoption could not stand.
3. The circuit court erred in finding abandonment, terminating the father's parental rights, and permitting the grandparents to adopt the children.

Questions Presented

1. Whether the evidence established that the father abandoned his three children so as to support termination of his parental rights and adoption by the maternal grandparents.
2. Whether the father's failure to provide support or communicate with the children could establish abandonment when support was withheld from his wages and the grandparents prevented visitation and communication.
3. What disposition was appropriate in light of competing adoption and custody proceedings in different West Virginia courts.

Disposition

reversed_and_remanded