West Virginia Code
W. Va. Code § 48-1-232 (2026)
Legal parent defined
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ARTICLE 1. GENERAL PROVISIONS; DEFINITIONS.
§48-1-232. Legal parent defined.
"Legal parent" means an individual defined as a parent, by law, on the basis of biological relationship, presumed biological relationship, legal adoption or other recognized grounds.
Notes of Decisions
Cited in 11
cases (4 in the last 5 years), 2005–2024 · leading case: Clifford K. v. Paul S., 619 S.E.2d 138 (W. Va. 2005).
Clifford K. v. Paul S., 619 S.E.2d 138 (W. Va. 2005). “"Legal parent" is defined in W. Va.Code § 48-1-232 (2001) (Repl.Vol.2004) as "an individual defined as a parent, by law, on the basis of biological relationship, presumed biological relationship, legal adoption or other recognized grounds.”
Glen Falls Ins. v. Smith, 617 S.E.2d 760 (W. Va. 2005). “In that case, we very clearly and explicitly found that a psychological parent is not a legal parent within the contemplation of W. Va.Code § 48-1-232 (2001) (Repl.Vol.2004).”
Peterson v. Islamic Repub. of Iran, 515 F. Supp. 2d 25 (D.D.C. 2007). “” W. Va.Code, § 48-1-232 (2007). In this case, the evidence shows that Russell Cyzick’s birth mother married Richard Mason when Russell was nearly eighteen years old.”
In Re Visitation & Custody of Senturi N.S.V., 652 S.E.2d 490 (W. Va. 2007). “2004), a ‘legal parent’ is ‘an individual defined as a parent, by law, on the basis of biological relationship, presumed biological relationship, legal adoption or other recognized grounds.’ The phrase ‘other recognized grounds’ refers to those individuals or entities who have…”
In re: C.S. (2024). “Based upon our review of the record and applicable law, we find no error in the family court’s rulings. The parties herein, Guardian Mother and Guardian Father, do not meet the definition of “legal parents” contained within West Virginia Code § 48-1-232 (2001) and as described…”
Jacquelyn F. v. Andrea R. (W. Va. 2017). “” In turn, a “legal parent” is defined as “an individual defined as a parent, by law, on the basis of biological relationship, presumed biological relationship, legal adoption or other recognized grounds.”
In Re: I.N. & N.N. (W. Va. 2016). “Pursuant to West Virginia Code § 48-1-232, a “ ‘legal parent’ means an individual defined as a parent, by law, on the basis of biological relationship, presumed biological relationship, legal adoption or other recognized grounds.”
Murrell B. & Linda B. v. Clarence R. & Nancy R. (W. Va. 2019). “20 This statute states: (a) Persons who have a right to be notified of and participate as a party in an action [regarding custody of a child] filed by another are: (1) A legal parent of the child, as defined in [§ 48-1-232] of this chapter; (2) An adult allocated custodial…”
Hector Sanchez-Escandon v. Attorney Gen. United States (3d Cir. 2023). “12 W. Va. Code Ann. § 48-1-232 (West 2022). 13 In re Clifford K.”
James B. v. Kristin R. (2023). “West Virginia Code § 48-1-232 (2001) defines a parent as “an individual defined as a parent, by law, on the basis of biological relationship, presumed biological relationship, legal adoption or other recognized legal grounds.”
Eldercare of Jackson Cnty., LLC d/b/a Eldercare Health & Rehab., a Tennessee Co. Cmty. Health Ass'n d/b/a Jackson Gen. Hosp., a West Virginia Corp. & Irvin John Snyder, D.O. v. Rosemary Lambert & Carolyn Hinzman, Individually, & as Co-Executors of the Est. of Delmar P. Fields (W. Va. 2024). “2d 138 (2005) (the term “recognized” as used in the statutory definition of “legal parent,” West Virginia Code § 48-1-232). 19 By comparison, the Legislature explicitly so provided, for purposes of proving an entitlement to punitive damages: Continued .”
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