In re D.P.

Summary

The West Virginia Supreme Court of Appeals affirmed the circuit court’s order placing D.P. permanently with the child’s father rather than the maternal grandmother, who had been recognized as a psychological parent. The Court held that the father successfully completed his improvement period and that the record supported placement with him as being in the child’s best interests. The Court also reiterated that courts should provide a gradual transition when changing a child’s permanent placement.

Holdings

1. The circuit court did not err in awarding permanent placement to the father because the evidence showed that he successfully remedied the issues underlying the abuse and neglect case, was capable of safely caring for the child, and that placement with him was in the child's best interests.
2. Overnight visitation was not required to establish the father's ability to safely care for the child before custody was returned to him.
3. The record did not support the grandmother's claim that the guardian ad litem failed to conduct a proper investigation or file required reports.

Questions Presented

1. Whether the circuit court erred by granting permanent placement of the child to the father despite the maternal grandmother's status as a psychological parent and her prior physical custody.
2. Whether the circuit court was required to order overnight visitation or additional proof of the father's parental capacity before returning custody to him.
3. Whether the guardian ad litem failed to conduct an adequate investigation into the father's ability to care for the child and the child's best interests.
4. Whether the circuit court adequately considered the child's best interests in transferring placement from the grandmother to the father.

Disposition

affirmed