Preview:

IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA


September 2012 Term

FILED
November 20, 2012
released at 3:00 p.m.
RORY L. PERRY II, CLERK
SUPREME COURT OF APPEALS
OF WEST VIRGINIA

No. 11-0961

In Re: K. R. and P. R.

Appeal from the Circuit Court of Wayne County
The Honorable Darrell Pratt, Judge
Civil Action No. 11-FIG-004
REVERSED AND REMANDED


Submitted: September 25, 2012
Filed: November 20, 2012


Amy C. Crossan, Esq. Bouchillon, Crossan & Colburn, L.C. Huntington, West Virginia Attorney for Petitioner

David J. Lockwood, Esq. Lockwood & Lockwood Huntington, West Virginia and Ryan Turner, Esq. Bellomy & Turner, L.C. Huntington, West Virginia Attorneys for Respondent

JUSTICE WORKMAN delivered the Opinion of the Court. CHIEF JUSTICE KETCHUM, deeming himself disqualified, did not participate in the decision of this case.

SYLLABUS BY THE COURT
1. "`"The exercise of discretion by a trial court in awarding custody of

a minor child will not be disturbed on appeal unless that discretion has been abused; however, where the trial court's ruling does not reflect a discretionary decision but is based upon an erroneous application of the law and is clearly wrong, the ruling will be reversed on appeal." Syllabus point 2, Funkhouser v. Funkhouser, 158 W. Va. 964, 216 S.E.2d 570 (1975), superseded by statute on other grounds as stated in David M. v. Margaret M., 182 W. Va. 57, 385 S.E.2d 912 (1989).' Syl. Pt. 1, In re Abbigail Faye B., 222 W. Va. 466, 665 S.E.2d 300 (2008)." Syl. Pt. 2, In re Antonio R. A., 228 W. Va. 380, 719 S.E.2d 850 (2011).

2.

"Pursuant to West Virginia Code

Download 11-0961.pdf

West Virginia Law