Legal Opinion

In re A.F. (Justice Trump, concurring)

West Virginia Supreme Court

Decided June 6, 2025No. 23-698Separate

1Opinion of the Court

FILED No. 23‑698 – In re A.F. June 6, 2025 released at 3:00 p.m. TRUMP, Justice, concurring. C. CASEY FORBES, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA I agree with the majority’s conclusion that the circuit court erred by denying the grandparents’1 motion for custody of their granddaughter, A.F., without making adequate findings of fact and conclusions of law to demonstrate that it considered West Virginia Code § 49-4-114(a)(3) (2024) (the “grandparent preference statute”) and determined, based on the record in its entirety, that placement with her grandparents was contrary to A.F.’s…

2Cases cited9 opinions

  1. In Re Katie S.West Virginia Supreme Court · 1996
  2. In Re Jeffrey R.L.West Virginia Supreme Court · 1993
  3. Nelson v. West Virginia Public Employees Insurance BoardWest Virginia Supreme Court · 1983
  4. Carter v. CarterWest Virginia Supreme Court · 1996
  5. State Ex Rel. Lipscomb v. JoplinWest Virginia Supreme Court · 1948

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