Sean T. v. Florence T.

Summary

The Supreme Court of Appeals of West Virginia affirmed the circuit court’s refusal to review a family court order denying Sean T.’s petition to modify visitation while he was incarcerated. The court held that the family court did not abuse its discretion in declining to order visitation over the respondent’s objection and noted that the record did not support the petitioner’s claim regarding correspondence with the children.

Holdings

1. The family court did not abuse its discretion in denying the petition to modify child visitation while Sean T. remained incarcerated and Florence T. objected to visitation.
2. The court properly declined to order unrestricted correspondence because the evidence allegedly showing that Florence T. prevented the children from receiving Sean T.'s letters was not included in the appellate record.

Questions Presented

1. Whether the family court abused its discretion by denying Sean T.'s petition to modify visitation while he remained incarcerated.
2. Whether the court should have ordered visitation at Sean T.'s correctional facility at least once every ninety days.
3. Whether the court should have ordered that Sean T. be allowed to correspond freely with the children.

Disposition

affirmed