McAtee v. McAtee

NEELY, Justice:

The question presented in this case is whether a circuit court has jurisdiction to award custody of a child to one parent without personal jurisdiction over the other parent. For the reasons set forth below, our answer is yes.

Appellant, Edith Elizabeth McAtee, and appellee, Paul David McAtee, were married in Randolph County, West Virginia, on 29 November 1981. The minor child of the couple was born on 5 August 1982. Approximately three months later, on 8 November 1982, Mrs. McAtee left the marital home with the child while Mr. McAtee was at his place of employment and went to…