H.F. v. E.D.

Summary

The Supreme Court of Appeals of West Virginia affirmed the circuit court’s order in a family-law dispute concerning paternal grandparents’ party status in custody and visitation proceedings. The Court held that the grandparents qualified as persons entitled to participate under West Virginia Code § 48-9-103 because they had been parties to prior orders establishing custody and visitation. It also concluded that the mother’s challenges to the agreed visitation arrangements were barred by invited error.

Holdings

1. The family court did not err in affording the paternal grandparents party status because they were parties to prior orders establishing custody and visitation and therefore fell within West Virginia Code § 48-9-103(a)(3).
2. The mother could not obtain reversal based on the agreed visitation schedule because she knowingly, freely, and voluntarily acquiesced to it, making any alleged error invited error.
3. The circuit court properly denied relief and affirmed the family court's order because the family court did not err in finding the mother's conduct non-contemptuous under the circumstances and in addressing the grandparents' procedural status.

Questions Presented

1. Whether the paternal grandparents qualified as persons entitled to party status under West Virginia Code § 48-9-103 because they had been parties to prior orders establishing custody and visitation.
2. Whether the mother's challenge to the grandparents' visitation rights was barred as invited error because she knowingly, freely, and voluntarily agreed to the visitation schedule.
3. Whether the circuit court properly affirmed the family court's disposition of the contempt proceeding.

Disposition

affirmed