L.B. v. K.B.

Summary

The Supreme Court of Appeals of West Virginia affirmed the circuit court’s refusal to disturb a family court divorce order. The decision upheld the allocation of sole parental responsibility to the respondent, supervised visitation for the petitioner, and the family court’s rulings concerning spousal support, child support, and marital property.

Holdings

1. The circuit court properly refused L.B.'s appeal because the record presented no substantial question of law or prejudicial error warranting reversal.
2. A circuit court's review of, or refusal to review, a final family court order is reviewed by examining factual findings for clear error, the application of law to facts for abuse of discretion, and legal questions de novo.

Questions Presented

1. Whether the circuit court properly refused L.B.'s appeal of the family court's divorce order.
2. Whether the family court improperly relied on an earlier mental hygiene proceeding or concerns about L.B.'s mental health in awarding K.B. sole parental responsibility.
3. Whether the family court erred in awarding sole parental responsibility to K.B. despite allegations that K.B. was violent and despite L.B.'s homelessness.
4. Whether L.B.'s guardian ad litem provided effective representation.
5. Whether the Family Visitation Center failed to work with L.B. in arranging visitation.

Disposition

affirmed