Nathan E. M. v. George H. A. and Sara G. A.

Summary

The West Virginia Supreme Court of Appeals affirmed the circuit court’s refusal to review a family court order granting grandparents visitation with a minor child. The court held that the petitioner’s challenge to the respondents’ status as grandparents under West Virginia Code § 48-10-203 was more appropriately characterized as a standing issue, and concluded that the respondents’ status as foster parents who had custody of the child’s mother supported grandparent visitation. The court also determined that the family court had subject matter jurisdiction over the visitation proceeding.

Holdings

1. The family court had subject-matter jurisdiction over the grandparent-visitation action; Nathan's argument that the respondents were not statutory grandparents was properly treated as a challenge to standing.
2. Under the specific facts of the case, the respondents' custody of Shannon M. as her foster parents for a substantial number of years through adulthood was sufficient to satisfy the statutory requirement that a grandparent be a person who had previously been granted custody of the parent of a minor child for whom visitation is sought.
3. The circuit court did not err in refusing the petition for appeal, and its February 12, 2015 order was affirmed.

Questions Presented

1. Whether the challenge to the respondents' ability to seek grandparent visitation was properly characterized as a standing issue rather than a subject-matter-jurisdiction issue.
2. Whether persons who had custody of a minor child's parent as foster parents may qualify as grandparents under West Virginia Code § 48-10-203.
3. Whether the circuit court erred in refusing Nathan's petition for appeal from the family court's orders.

Disposition

affirmed