In re The Child of Kimberly C. and Joshua L.

Summary

The West Virginia Supreme Court of Appeals affirmed the circuit court’s refusal to disturb a family court order restricting the petitioner’s parenting time to supervised visitation. The court rejected the petitioner’s due process argument concerning late receipt of the amended final order, finding no prejudice because a late appeal had been permitted. The court also concluded that the record supported the parenting-time restriction based on the petitioner’s criminal history and failure to cooperate with the guardian ad litem.

Holdings

1. Late receipt of the amended final order did not warrant reversal because petitioner was permitted to pursue a late appeal for good cause and could not show prejudice; she did not allege that lack of notice prevented her from attending any hearing.
2. Petitioner was not entitled to full custody, and the record supported restricting her parenting time to supervised visitation based on the child's best interests and petitioner's history of poor decision-making and noncooperation with the guardian ad litem.

Questions Presented

1. Whether Kimberly C.'s late receipt of the amended final order violated her due process rights.
2. Whether the record supported the family court's restriction of Kimberly C.'s parenting time and denial of her request for full custody.

Disposition

affirmed