In re T.M. (Signed Opinion)
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In this abuse and neglect proceeding the Supreme Court reversed the dispositional order of the circuit court giving primary custody of two children to Father following his successful completion of an improvement period, holding that the circuit court failed to give proper consideration to the custodial, decision-making and limiting factors set forth in W. Va. Code 48-9-206, 207, and 209.
In awarding primary custody to Father the circuit court found that the award was in the children's best interests based upon their preference to reside with Father and the court's conclusion that Father provided a more stable environment for the children. The Supreme Court reversed and remanded the matter for consideration of the appropriate statutory factors, holding that the circuit court erred in deferring to the children's purported preference, as expressed by third parties, to reside with Father because the court failed to give due consideration to the factors set forth in section 48-9-206, 207, and 209 in making its custodial allocation.
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