In re J.P. and A.P.

Summary

The Supreme Court of Appeals of West Virginia affirmed a circuit court order reinstating and expanding visitation for the maternal grandparents of J.P. and A.P. The court rejected the father's arguments concerning the timing of the final order, denial of appointed counsel and the opportunity to defend himself, alleged conflicts of interest, and purportedly false statements in the order. The court held that the visitation-enforcement proceeding did not implicate the father's parental fitness and that several arguments were either meritless or unpreserved.

Holdings

1. The circuit court did not err by entering the final order on January 9, 2018, because that date was the fifth business day after the proposed order was submitted on January 2, 2018.
2. The circuit court did not violate the father's right to defend himself, and he was not entitled to court-appointed counsel for enforcement of the prior visitation order after dismissal of the abuse and neglect proceeding.
3. The court would not address the alleged conflicts of interest because the father failed to preserve the nonjurisdictional issues and failed to provide record citations showing where the alleged errors occurred or were raised below.
4. The circuit court did not err in stating that the father agreed to grandparent visitation because the hearing transcript supported that finding, and the appellate court reviews the circuit court's order as the authoritative statement of its ruling.

Questions Presented

1. Whether the circuit court entered the January 9, 2018, final order before expiration of the five-day objection period.
2. Whether the circuit court violated the father's constitutional right to defend himself as a fit parent by preventing him from presenting a defense or failing to appoint counsel.
3. Whether alleged conflicts of interest and related allegations were preserved for appellate review.
4. Whether the circuit court's final order contained false or unsupported statements concerning the parties' agreement to grandparent visitation.

Disposition

affirmed