Summary
The Supreme Court of Appeals of West Virginia reviewed the termination of Bobby F.'s parental rights to Alexandria F. and Cheyenne F. The court held that the evidence did not warrant termination because Bobby F. was no longer a custodial parent and the record did not establish that he abused the children. It reversed and remanded for supervised visitation, requiring that visitation be strictly supervised.
Holdings
- Termination of Bobby F.'s parental rights was not warranted because the record did not show that termination was the least restrictive alternative or that the children's welfare would be seriously threatened without termination.
- Because termination was inappropriate, Bobby F.'s visitation with the children had to be closely, strictly, and constantly supervised.
Questions Presented
- Whether the evidence supported termination of Bobby F.'s parental rights.
- Whether Bobby F. was entitled to supervised visitation with his children after the circuit court declined to terminate his parental rights.
Disposition
reversed_and_remanded
Cases Cited (8)
- In re Emily, 208 W. Va. 325, 540 S.E.2d 542 (2000)(followed)
- In the Interest of Tiffany Marie S., 196 W. Va. 223, 470 S.E.2d 177 (1996)(followed)
- In re R.J.M., 164 W. Va. 496, 266 S.E.2d 114 (1980)(followed)
- In re Aaron Thomas M., 212 W. Va. 604, 575 S.E.2d 214 (2002)(followed)
- State ex rel. Acton v. Flowers, 154 W. Va. 209, 174 S.E.2d 742 (1970)(followed)
- Michael K.T. v. Tina L.T., 182 W. Va. 399, 387 S.E.2d 866 (1989)(followed)
- State ex rel. Cash v. Lively, 155 W. Va. 801, 187 S.E.2d 601 (1972)(followed)
- State ex rel. Lipscomb v. Joplin, 131 W. Va. 302, 47 S.E.2d 221 (1948)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…