A.A. v. S.H. (Signed Opinion)
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The Supreme Court vacated the order of the family court granting Grandmother permanent guardianship of B.A., holding that the family court lacked jurisdiction to hear this case.
Grandmother filed a motion for emergency order of guardianship in the family court noting that Mother was incarcerated and arguing that it was in the best interests of B.A. for her to be appointed guardian. The family court eventually entered a final order appointing Grandmother as B.A.'s guardian. Mother later filed a motion to modify and/or terminate the guardianship order, arguing that she had a material change in circumstances because she had been released from jail. The family court denied the motion. The Supreme Court vacated the family court's order, holding (1) in light of the allegations of neglect made by Grandmother and B.A.'s need for permanency, both Mother's and Father's parental rights needed to be ascertained by the circuit court under the standards set forth in chapter 49 of the West Virginia Code and the clear and convincing evidence standard articulated in West Virginia Rules of Practice and Procedure for Family Court 48a(a); and (2) therefore, the family court was divested of subject matter jurisdiction in this case.
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