Graham v. Graham

My dissent is predicated on several grounds. First, I believe that the lower court abused its discretion in finding that the mother did not meet the primary caretaker standard under Garska v. McCoy, 167 W.Va. 59, 278 S.E.2d 357 (1981). Second, the trial court improperly gave weight to the six-year-old daughter’s desire to be with her father. Finally, I think that the trial court should have considered the impact of separating the two young children by dividing the custody of them between the parents.

Even a cursory review of the record makes it manifest that Mrs. Graham was the primary…