Heather M. v. Richard R. (Signed Opinion)
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The Supreme Court reversed the decision of the circuit court denying Mother's appeal of an order of the family court rejecting Mother's request for Father's custodial time to be supervised and allocating income tax exemptions for the parties' children solely to Father, holding that the family court abused its discretion by refusing to permit Mother to present evidence relating to alleged abuse by Father.
After Mother and Father separated, Mother petitioned the family court for allocation of custodial responsibility. During two ensuing hearings, the family court rejected Mother's attempts to present evidence of Father's alleged abuse. The court awarded Mother primary custodial responsibility, granted unsupervised visitation to Father, and awarded the income tax dependency exemptions for the children to Father. The circuit court denied Mother's appeal. The Supreme Court (1) reversed the family court's order and remanded the case with instructions to hear evidence relating to alleged abuse by Father; and (2) reversed the order regarding the income tax exemption and remanded with instructions to award the exemption for both children to Mother unless any of the exceptions in W. Va. Code 48-13-801 are satisfied.
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