In re A.B., S.B., and T.B.

Summary

The Supreme Court of Appeals of West Virginia affirmed the denial of a father's motion for post-termination visitation with his children. The court held that, given the egregious underlying sexual abuse, the father's voluntary relinquishment of parental rights, his lengthy incarceration, and the children's circumstances and wishes, further testimony was manifestly unnecessary and visitation was not in the children's best interests.

Holdings

1. A parent whose rights have been terminated pursuant to an abuse and neglect petition may request post-termination visitation by written motion properly noticed for hearing.
2. The circuit court did not err by denying post-termination visitation without hearing petitioner's testimony because the nature of the underlying sexual abuse, petitioner's relinquishment of parental rights and criminal convictions, the children's ages at his earliest possible release, and the mature child's opposition to visitation made further evidence manifestly unnecessary.
3. The circuit court's findings and decision were not clearly erroneous, and the order denying post-termination visitation was affirmed.

Questions Presented

1. Whether the circuit court erred by denying petitioner the opportunity to testify by telephone in support of his motion for post-termination visitation.
2. Whether the circuit court properly concluded that further evidence on the visitation request was manifestly unnecessary given the underlying circumstances.

Disposition

affirmed