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DEMPSEY v. DEMPSEY

No. 15696.

306 S.E.2d 230 (1983)

John Curtis DEMPSEY v. Betty Ann DEMPSEY.

Supreme Court of Appeals of West Virginia.

Dissenting Opinion July 27, 1983.

Attorney(s) appearing for the Case

Mark D. Nigh, Philippi, for appellant.

Regina L. Charon, Morgantown, for appellee.

PER CURIAM:

Betty Ann Dempsey appeals from a December 23, 1981 final order of the Circuit Court of Taylor County granting John Curtis Dempsey custody of Jay Dempsey, eight year old son of the parties. Appellant contends that she is entitled to custody as the child's fit primary caretaker under the rule established in Garska v. McCoy, W.Va., 278 S.E.2d 357 (1981). We do not believe...

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