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GARSKA v. McCOY

No. 14962.

278 S.E.2d 357 (1981)

Michael GARSKA v. Gwendolyn McCOY. Stergil ALTIZER, et al., Plaintiffs Below v. Jonathan Conway McCOY, Defendant Below, Stergil Altizer, et al., etc., Defendants Below, Gwen McCoy, Intervenor.

Supreme Court of Appeals of West Virginia.

May 26, 1981.

Attorney(s) appearing for the Case

Raymond F. Crooks, Charleston, for appellant.

Baer, Napier & Colburn and James Allan Colburn, Huntington, for appellee.

NEELY, Justice:

The appellant, Gwendolyn McCoy, appeals from an order of the Circuit Court of Logan County which gave the custody of her son, Jonathan Conway McCoy, to the appellee, Michael Garska, the natural father. While in many regards this is a confusing case procedurally, since the mother and father were never married, nonetheless it squarely presents the issue of the proper interaction between the 1980 legislative amendment to W.Va.Code, 48-2-15 [1980...

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