In re C.W., A.W., & K.W.

Summary

The West Virginia Supreme Court of Appeals affirmed the denial of a mother's motion to reinstate her parental rights after she voluntarily relinquished them in an abuse and neglect proceeding. The court held that the record supported the circuit court's finding that the relinquishment was free from fraud and duress, resolving conflicting testimony in favor of the mother's former attorney.

Holdings

1. Under West Virginia Code § 49-6-7, a circuit court may conduct a hearing to determine whether a parent's agreement relinquishing parental rights was entered into free from duress and fraud.
2. The circuit court properly denied petitioner's motion to reinstate her parental rights because petitioner failed to establish that her voluntary relinquishment was obtained through fraud or duress.
3. The circuit court's findings that the relinquishment was free from fraud and duress were not clearly erroneous.

Questions Presented

1. Whether the circuit court erred in denying petitioner's motion to reinstate her parental rights on the ground that her voluntary relinquishment had been obtained through fraud or duress.
2. Whether the circuit court's factual findings concerning fraud, duress, and witness credibility were clearly erroneous.

Disposition

affirmed