Clifford K. and Tina B., Petitioners Below Tina B., Petitioner Below, Appellant v. Paul S.

Summary

The Supreme Court of Appeals of West Virginia reversed a circuit court order denying Tina B., the former same-sex partner of a deceased biological mother, standing to seek custody of the child Z.B.S. The court held that Tina B. was not a 'legal parent' under W. Va. Code § 48-1-232 because 'other recognized grounds' requires formal statutory or judicial recognition of parental status, which she lacked. However, the court construed the 'exceptional cases' language of W. Va. Code § 48-9-103(b) to permit discretionary intervention by a psychological parent when intervention serves the child's best interests, formally defining psychological parent status for the first time and modifying In re Brandon L.E. to that extent. Finding Tina B. to be Z.B.S.'s psychological parent and the facts exceptional, the court reinstated the family court's award of custody to her. Justice Maynard dissented, arguing the majority legislated a new standing category reserved to the Legislature; Justice Starcher concurred, emphasizing that love-based families should not be subordinated to blood relations; Justice Benjamin concurred in part and dissented in part, agreeing Tina B. lacked standing under § 48-9-103(a) but objecting to the majority's final resolution of standing and custody under § 48-9-103(b), which he would have remanded to the family court.