McCartney v. Coberly

250 S.E.2d 777 (1978)

Beverly Ann McCARTNEY et al.

v.

John T. COBERLY et al.

No. 14042.

Supreme Court of Appeals of West Virginia.

March 14, 1978.

Rehearing Denied May 22, 1978.

Talbott & Alsop, William W. Talbott, Webster Springs, for plaintiff in error.

James A. Kent, Jr., Elkins, for defendants in error.

MILLER, Justice:

Beverly Ann McCartney appeals the dismissal of her suit, in which she sought to regain custody of her infant daughter from John and Rebecca Coberly. The trial court viewed the written custody agreement entered into between Mrs. McCartney and the Coberlys as vesting permanent custody…