In re Adoption of L.A.

Summary

The West Virginia Supreme Court of Appeals reviewed an order granting biological maternal grandparents ongoing visitation after the child’s adoption by a stepmother. The court held that the circuit court failed to give special weight to the adoptive parents’ wishes and failed to make specific findings addressing the factors required by West Virginia Code § 48-10-502. It vacated the visitation ruling in part and remanded for a new order containing detailed findings, while leaving the adoption and termination-of-parental-rights rulings undisturbed.

Holdings

1. A court must accord at least some special weight to a fit parent's determination concerning grandparent visitation, and the circuit court erred by failing to make findings showing that it gave any weight, much less special weight, to petitioners' opposition.
2. A court deciding a grandparent-visitation request must consider the factors listed in West Virginia Code § 48-10-502 and make specific, detailed findings explaining its ruling; conclusory findings are insufficient.
3. The Court declined to overrule Petition of Nearhoof and State ex rel. Brandon L. or adopt a rule automatically vacating all prior grandparent visitation upon termination of the grandparent's child's parental rights.

Questions Presented

1. Whether the circuit court erred by granting continued grandparent visitation without according special weight to the adoptive parents' stated opposition.
2. Whether the circuit court erred by failing to make specific, detailed findings addressing the thirteen factors in West Virginia Code § 48-10-502.
3. Whether the Court should overrule Petition of Nearhoof and State ex rel. Brandon L. v. Moats to hold that a grandparent's visitation automatically terminates when the grandparent's child has parental rights terminated.

Disposition

remanded