In re S.D.W.

McGEE, Judge.

R.D.W. (Plaintiff) and J.B.W. (Defendant) are the father and mother, respectively, of minor children S.D.W. and H.E.W. (the children). Plaintiff and Defendant married in 1995 and divorced on 17 December 2001. The terms of the divorce did not resolve the issue of custody of the children. Plaintiff had no contact with Defendant or the children over the next four years. The children continued to reside with Defendant during this time.

Plaintiff filed a complaint for child visitation in McDowell County District Court on 18 January 2006. Defendant filed a "Motion to Dismiss, Answer and…