In re S.H.

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of a father’s motion challenging his voluntary relinquishment of parental rights. The court held that the record supported the circuit court’s finding that the relinquishment was made voluntarily and without fraud or duress.

Holdings

1. A circuit court may conduct a hearing to determine whether a parent's agreement relinquishing parental rights was entered into free from fraud and duress; because no authorized motion for reconsideration applied in this abuse and neglect proceeding, the court properly treated petitioner's filing as a motion under State ex rel. Rose L. v. Pancake.
2. The circuit court did not clearly err in finding that petitioner's voluntary relinquishment of parental rights was free from fraud and duress.

Questions Presented

1. Whether the circuit court properly treated petitioner's motion for reconsideration as a motion under State ex rel. Rose L. v. Pancake to determine whether his voluntary relinquishment of parental rights was procured by fraud or duress.
2. Whether the circuit court clearly erred in finding that petitioner's voluntary relinquishment of parental rights was free from fraud and duress.

Disposition

affirmed