S. H. v. R. L. H.

Neely, Justice:

We granted this appeal in order to illuminate further syl. pt. 7 of Garska v. McCoy, _ W.Va. -, 278 S.E.2d 357 (1981) that establishes principles for the award of child custody in domestic relations cases. That syllabus provides:

The concept of a “child of tender years” is somewhat elastic; obviously an infant in the suckling stage is of tender years, while an adoles*552cent fourteen years of age or older is not, as he has an absolute right under W. Va. Code, 44-10-4 [1923] to nominate his own guardian. Where there is a child under fourteen years of age, but sufficiently mature that…