Wagoner v. Wagoner

Margaret Jane Wagoner appeals a final order of the Circuit Court of Lewis County, which awarded joint custody of her two minor children pursuant to her divorce from Thomas Linn Wagoner. She contests the trial judge’s finding that her ex-husband was the primary caretaker parent, and the award of physical custody of the children to him during the school year. For the reasons set forth below, we reverse the circuit court and remand the case with directions.

In syllabus point 2 of Garska v. McCoy, 167 W.Va. 59, 278 S.E.2d 357 (1981), we established a gender-neutral standard for initial custody…