Simmons v. Comer

MILLER, Justice.

Loretta Comer appeals a May 28, 1992, order of the Circuit Court of Pendleton County that granted custody of her daughter, Nicole, to Kenneth Simmons, while allowing Ms. Comer visitation rights. Ms. Comer argues that the lower court erred in granting custody to Mr. Simmons, who is not the biological father of the child, absent a showing of parental unfitness on her part.

I

The basic facts, while not in substantial dispute, do contain several gaps. For reasons that are not disclosed, Ms. Comer left her parents’ home in Ohio as a teenager and moved to Pendleton County, West…