In re Antonio R.A. (Signed Opinion)
Annotate this CaseGrandmother filed a petition for permanent guardianship of Child, who was over fourteen years old and had nominated his Grandmother to be his guardian. Child's Mother contested the guardianship. The family court denied Grandmother's petition. The circuit court affirmed, holding that appointing a third party as a guardian for a minor over the objection of a non-offending, biological parent would violate that parent's constitutional right to the custody of his or her own child. At issue on appeal was whether W. Va. Code 44-10-4 and the case law interpreting it required courts to appoint any guardian nominated by a minor above the age of fourteen, unless the guardian was "unfit." The Supreme Court affirmed, holding (1) the circuit court properly concluded that it was not obligated under section 44-10-4 to appoint Grandmother as Child's guardian, despite Child's age and Grandmother's fitness; (2) the circuit court correctly concluded that Mother's constitutional rights as Child's biological mother would be violated by appointing a third party as Child's guardian; and (3) because Mother did not voluntarily transfer or relinquish her custody of Child, Grandmother was not Child's psychological parent.
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