Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
22 West Virginia opinions name it 1 courts 1973–2026 9 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re Willisgreen2 sentences2026As such, “a court or other arm of the State” may not terminate “the parental rights of a natural parent having legal custody of his [or her] child, without notice and the opportunity for a meaningful hearing.” Id., Syl. 2021Va. 225 , 207 S.E.2d 129 (1973) (“[T]he Due Process Clauses of the West Virginia and United States Constitutions prohibit a court or other arm of the State from terminating the parental rights of a natural parent having legal custody of his child, without notice and the opportunity for a meaningful hearing.”). 15 B. | 1 | 10 |
In Re Sutton, Inf.green2 sentences2003Va.Code § 49-6-2(c) ("In any proceeding pursuant to the provisions of this article, the party or parties having custodial or other parental rights or responsibilities to the child shall be afforded a meaningful opportunity to be heard, including the opportunity to testify and to present and cross-examine witnesses.”); Syl. pt. 2, In re Willis, 157 W.Va. 225 , 207 S.E.2d 129 ("West Virginia Code, Chapter 49, Article 6, Section 2, as amended, and the Due Process Clauses of the West Virginia and United States Constitutions prohibit a court or other arm of the State from terminating the parental r 2003Va.Code § 49-6-2(c) ("In any proceeding pursuant to the provisions of this article, the party or parties having custodial or other parental rights or responsibilities to the child shall be afforded a meaningful opportunity to be heard, including the opportunity to testify and to present and cross-examine witnesses.”); Syl. pt. 2, In re Willis, 157 W.Va. 225 , 207 S.E.2d 129 ("West Virginia Code, Chapter 49, Article 6, Section 2, as amended, and the Due Process Clauses of the West Virginia and United States Constitutions prohibit a court or other arm of the State from terminating the parental r | 1 | 4 |
Michael K.T. v. Tina L.T.green2 sentences2014III, § 10. 7 “[T]he best interests of the child is the polar star by which decisions must be made which affect children.” Michael K.T. v. Tina L.T., 182 W.Va. 399, 405 , 387 S.E.2d 866, 872 (1989). 3 Further, this Court has also held that West Virginia Code, Chapter 49, Article 6, Section 2, as amended, and the Due Process Clauses of the West Virginia and United States Constitutions prohibit a court or other arm of the State from terminating the parental rights of a natural parent having legal custody of his child, without notice and the opportunity for a meaningful hearing. 2014III, § 10. 7 “[T]he best interests of the child is the polar star by which decisions must be made which affect children.” Michael K.T. v. Tina L.T., 182 W.Va. 399, 405 , 387 S.E.2d 866, 872 (1989). 3 Further, this Court has also held that West Virginia Code, Chapter 49, Article 6, Section 2, as amended, and the Due Process Clauses of the West Virginia and United States Constitutions prohibit a court or other arm of the State from terminating the parental rights of a natural parent having legal custody of his child, without notice and the opportunity for a meaningful hearing. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Willis
green
2 sentences2019As the DHHR contended, "[t]he court determined that there was not a need to call the additional witnesses based upon the proffer provided by Counsel for the Petitioner regarding the information that would be elicited through the testimony." This Court held in Willis that West Virginia Code, Chapter 49, Article [4], Section [601 (2015) ], 15 as amended, and the Due Process Clauses of the West Virginia and United States Constitutions prohibit a court or other arm of the State from terminating the parental rights of a natural parent having legal custody of his child, without notice and the opport 2013The child and Petitioner have a close bond and visitation was well-received. 3 § 49–6–2(c) (2012) (Supp. 2012). “‘West Virginia Code, Chapter 49, Article 6, Section 2, as amended, and the Due Process Clauses of the West Virginia and United States Constitutions prohibit a court or other arm of the State from terminating the parental rights of a natural parent having legal custody of his [or her] child, without notice and the opportunity for a meaningful hearing.’ Syl. pt. 2, In re Willis, 157 W. | 17 | 1982–2024 |
W. VA. DEPT. OF WEL. EX REL. EYSTER v. Keesee
neutral
2 sentences2000Eyster v. Keesee, 171 W.Va. 1 , 297 S.E.2d 200 (1982), where we held: ‘West Virginia Code, Chapter 49, Article 6, Section 2, as amended, and the Due Process Clauses of the West Virginia and United States Constitutions prohibit a court or other arm of the State from terminating the parental rights of a natural parent having legal custody of his child, without notice and the opportunity for a meaningful hearing.” Syl. pt. 2, In re Willis, 157 W.Va. 225 , 207 S.E.2d 129 (1973). 1998Eyster v. Keesee, 171 W.Va. 1 , 297 S.E.2d 200 (1982), where we held: “West Virginia Code, Chapter 49, Article 6, Section 2, as amended, and the Due Process Clauses of the West Virginia and United States Constitutions prohibit a court or other arm of the State from terminating the parental rights of a natural parent having legal custody of his child, without notice and the opportunity for a meaningful hearing.” Syl. pt. 2, In re Willis, 157 W.Va. 225 , 207 S.E.2d 129 (1973). | 2 | 1998–2000 |
West Virginia Department of Welfare ex rel. Eyster v. Keesee
neutral
2 sentences2000Eyster v. Keesee, 171 W.Va. 1 , 297 S.E.2d 200 (1982), where we held: ‘West Virginia Code, Chapter 49, Article 6, Section 2, as amended, and the Due Process Clauses of the West Virginia and United States Constitutions prohibit a court or other arm of the State from terminating the parental rights of a natural parent having legal custody of his child, without notice and the opportunity for a meaningful hearing.” Syl. pt. 2, In re Willis, 157 W.Va. 225 , 207 S.E.2d 129 (1973). 1998Eyster v. Keesee, 171 W.Va. 1 , 297 S.E.2d 200 (1982), where we held: “West Virginia Code, Chapter 49, Article 6, Section 2, as amended, and the Due Process Clauses of the West Virginia and United States Constitutions prohibit a court or other arm of the State from terminating the parental rights of a natural parent having legal custody of his child, without notice and the opportunity for a meaningful hearing.” Syl. pt. 2, In re Willis, 157 W.Va. 225 , 207 S.E.2d 129 (1973). | 2 | 1998–2000 |
White v. Minter
green
2 sentences1974In a very similar child custody case involving a dispute between a natural parent and the department of welfare in the Commonwealth of Massachusetts, a three-judge federal district court in White v. Minter, 330 F.Supp. 1194 (D.C.Mass.1971), had occasion to pass upon this specific question. 1973In a very similar child custody case involving a dispute between a natural parent and the department of welfare in the Commonwealth of Massachusetts, a three-judge federal district court in White v. Minter, 330 F. Supp. 1194 (D.C. | 2 | 1973–1974 |
In re T.S.
green
2 sentences2024The West Virginia Constitution and West Virginia Code § 49-4-601 “‘prohibit a court or other arm of the State from terminating the parental rights of a natural parent having legal custody of his child, without notice and the opportunity for a meaningful hearing.’” Syl. pt. 3, in part, In re T.S., 241 W. 2024Va. 559 , 827 S.E.2d 29 (2019) (quoting Syl. pt. 2, in part, In re Willis, 157 W. | 1 | 2024–2024 |
In Re B.H. and S.S
green
1 sentence2021Va. 57 , 754 S.E.2d 743 (2014). 6. “‘West Virginia Code, Chapter 49, Article [4], Section [601 (2015)], as amended, and the Due Process Clauses of the West Virginia and United States Constitutions prohibit a court or other arm of the State from terminating the parental rights of a natural parent having legal custody of his child, without notice and the opportunity for a meaningful hearing.’ Syl. | 1 | 2021–2021 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.