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IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA September 2007 Term

FILED October 25, 2007
No. 33334
released at 3:00 p.m.
RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA

IN RE: VISITATION AND CUSTODY OF SENTURI N.S.V.

Appeal from the Circuit Court of Cabell County Honorable Alfred E. Ferguson, Judge Civil Action No. 04-D-357 REVERSED

Submitted: October 9, 2007 Filed: October 25, 2007

Hoyt Glazer Legal Aid of West Virginia Huntington, West Virginia David Lockwood Lockwood & Lockwood Huntington, West Virginia Attorneys for the Appellant, Misty C.V.

Steven M. Bragg Bragg Salmons, PLLC Huntington, West Virginia Attorney for the Appellees, Christopher and Tanya F.

The Opinion of the Court was delivered PER CURIAM.

SYLLABUS BY THE COURT

1.

"In reviewing a final order entered by a circuit court judge upon a

review of, or upon a refusal to review, a final order of a family court judge, we review the findings of fact made by the family court judge under the clearly erroneous standard, and the application of law to the facts under an abuse of discretion standard. We review questions of law de novo." Syllabus, Carr v. Hancock, 216 W. Va. 474, 607 S.E.2d 803 (2004).

2.

"In the law concerning custody of minor children, no rule is more

firmly established than that the right of a natural parent to the custody of his or her infant child is paramount to that of any other person; it is a fundamental personal liberty protected and guaranteed by the Due Process Clauses of the West Virginia and United States Constitutions." Syllabus point 1, In re Willis, 157 W. Va. 225, 207 S.E.2d 129 (1973).

3.

"If a natural parent intends to voluntarily transfer temporary custody

of a child to a third person, then the document effecting the transfer should expressly provide that it is the intention of the parent to temporarily transfer custody to the third person." Syllabus point 5, Overfield v. Collins, 199 W. Va. 27, 483 S.E.2d 27 (1996).

i

4.

"If a natural parent intends to voluntarily transfer permanent custody

of a child to a third person, then the document effecting that transfer should expressly provide that it is the intention of the parent to permanently transfer the custody of the child to the third person." Syllabus point 4, Overfield v. Collins, 199 W. Va. 27, 483 S.E.2d 27 (1996).

5.

"The reference to `exceptional cases' contained in W. Va. Code

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