In Re: K.H.

Summary

The Supreme Court of Appeals of West Virginia affirmed the termination of a maternal grandmother's eight-year guardianship of her granddaughter and the award of custody to the child's father, concluding the family court adequately considered the child's best interests and changed circumstances even though it did not specify which version of West Virginia Code § 44-10-3 it applied. The Court held, however, that the family court clearly erred in denying the grandmother psychological parent status, because her eight-year relationship with the child—begun with the mother's encouragement and the father's consent—was substantial rather than temporary. Because a psychological parent and child are entitled to continued association, the Court reversed the denial of visitation and remanded for entry of an order granting liberal visitation, to be merged with the grandmother's pending statutory grandparent-visitation petition.