interests analysis (West Virginia) · Go Syfert
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interests analysis in West Virginia

13 West Virginia opinions name it 1 courts 1987–2024 2 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.

Followed or applied (3)

CaseFollowedCited
NAPOLEON S. v. Walkergreen
wva · 2005 · cited in 9 West Virginia opinions naming this issue, 2010–2024
2 sentences

2024See also Syl. pt. 4, in part, Napoleon S., id. (“West Virginia Code [§ 49-4-114(a)(3) (eff. 2015)] provides for grandparent preference in determining adoptive placement for a child where parental rights have been terminated and also incorporates a best interests analysis within that 10 determination by including the requirement that the [DHS] find that the grandparents would be suitable adoptive parents prior to granting custody to the grandparents.”).

2022Va. 254 , 617 S.E.2d 801 (2005): West Virginia Code § [49-4-114(a)(3)] provides for grandparent preference in determining adoptive placement for a child where parental rights have been terminated and also incorporates a best interests analysis within that determination by including the requirement that the DHHR find that the grandparents would be suitable adoptive parents prior to granting custody to the grandparents.

19
Korb v. Raytheon Corp.green
mass · 1991 · cited in 1 West Virginia opinions naming this issue, 1998–1998
2 sentences

1998Because the employee spoke out against the interests of his defense contractor employer during a press conference of a nonprofit organization of which he was a board member, the employer legitimately determined that the employee "had lost his effectiveness as its spokesperson." Id., at 372.

1998Because the employee spoke out against the interests of his defense contractor employer during a press conference of a nonprofit organization of which he was a board member, the employer legitimately determined that the employee “had lost his effectiveness as its spokesperson.” Id., at 372.

11
Juvenile Appeal v. Commissioner of Children & Youth Servicesgreen
conn · 1979 · cited in 1 West Virginia opinions naming this issue, 1987–1987
2 sentences

1987The Supreme Court of Connecticut in In re Juvenile Appeal, 177 Conn. 648, 671-72 , 420 A.2d 875, 886-87 (1979), aptly described the reason why the best interests rule is not applicable in a case involving the involuntary severance of parental rights: "In contrast to custody proceedings, in which the best interests of the child are always the paramount consideration and in fact usually dictate the outcome, in termination proceedings the statutory criteria must be met before termination can be accomplished and adoption proceedings begun.

1987The Supreme Court of Connecticut in In re Juvenile Appeal, 177 Conn. 648, 671-72 , 420 A.2d 875, 886-87 (1979), aptly described the reason why the best interests rule is not applicable in a case involving the involuntary severance of parental rights: "In contrast to custody proceedings, in which the best interests of the child are always the paramount consideration and in fact usually dictate the outcome, in termination proceedings the statutory criteria must be met before termination can be accomplished and adoption proceedings begun.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
In Re K.E. & K.E. green
wva · 2018
1 sentence

2020Va. 220 , 809 S.E.2d 531 (2018) (“‘West Virginia Code § 49-3-1(a) provides for grandparent preference in determining adoptive placement for a child where parental rights have been terminated and also incorporates a best interests analysis within that determination by including the requirement that the DHHR find that the grandparents would be suitable adoptive parents prior to granting custody to the grandparents.

12020–2020
In re Charity H. green
wva · 2004
1 sentence

2019“A parent’s right to an improvement period is carefully defined because the pre-eminent concern in abuse and neglect proceedings is the best interest of the child subject thereto.” Charity H., 215 W.

12019–2019
Mary Jean H. v. Pamela Kay R. green
wva · 1996
2 sentences

2005This Court again emphasized the best interests analysis in Mary Jean H. v. Pamela Kay R., 198 W.Va. 690 , 482 S.E.2d 675 (1996).

2005This Court again emphasized the best interests analysis in Mary Jean H. v. Pamela Kay R., 198 W.Va. 690 , 482 S.E.2d 675 (1996).

12005–2005

Statutes the citing opinions construe

WV § W. Va. Code § 49-4-114 (7) WV § W. Va. Code § 49-4-601 (3)

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.

Where else courts name it

NY 414 (1976–2026) NJ 259 (1972–2026) TN 253 (1978–2026) IL 117 (1967–2025) NE 99 (1991–2026) PA 73 (1976–2026) CO 68 (1994–2026) AZ 66 (1923–2025) AK 61 (1975–2026) CA 46 (1930–2026) MI 44 (1879–2025) ND 37 (1999–2025) MD 30 (1992–2024) UT 30 (1919–2024) MN 27 (1980–2024) ID 26 (1928–2026) OH 24 (1992–2024) MO 20 (1889–2022) WY 19 (1990–2026) MA 18 (1975–2018) WI 17 (1973–2024) VA 17 (1999–2022) TX 16 (1949–2020) WA 14 (1978–2024) WV 13 (1987–2024) NC 13 (1993–2020) FL 12 (1987–2018) DC 12 (1978–2010) KY 10 (1998–2025) KS 10 (1917–2019) IA 10 (1894–2022) NM 10 (1991–2024) AL 9 (1981–2006) IN 9 (1993–2018) CT 8 (1979–2016) OR 7 (1986–2025) VT 6 (1991–2018) DE 6 (1984–2023) SD 5 (1996–2023) MT 5 (1989–2004) ME 4 (1990–2010) OK 3 (2000–2013) HI 3 (2006–2024) VI 2 (1978–2016) GA 2 (2005–2026)

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.

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