CLIFFORD K. and Tina B., Petitioners Below
TINA B., Petitioner Below, Appellant,
v.
PAUL S., in His Official Capacity as Next Friend and Guardian of Z.B.S., an Infant, Respondent Below, Appellee.
Supreme Court of Appeals of West Virginia.https://leagle.com/images/logo.png
Submitted March 8, 2005.
Decided June 17, 2005.
Dissenting Opinion of Justice Maynard July 11, 2005.
Concurring Opinion of Justice Starcher, July 14, 2005.
Concurring and Dissenting Opinion of Justice Benjamin August 8, 2005.
Attorney(s) appearing for the Case
James Wilson Douglas, James Wilson Douglas, L.C., Sutton, West Virginia, Attorney for the Appellant.
Donald K. Bischoff, Summersville, West Virginia, Attorney for the Appellee.
Jeffrey L. Hall, Diana, West Virginia, Attorney for Amicus Curiae Jeffrey L. Hall in his capacity as Guardian ad Litem for the minor child, Z.B.S.
Leslie Cooper, American Civil Liberties Union, Lesbian and Gay Rights Project, New York, NY, Terri S. Baur, American Civil Liberties Union of West Virginia Foundation, Charleston, West Virginia, Attorneys for Amici Curiae Lesbian and Gay Rights Project of the American Civil Liberties Union and the American Civil Liberties Union of West Virginia Foundation.
Mary Downey, Charleston, West Virginia, Gregory R. Nevins, Lambda Legal Defense and Education Fund, Inc., Atlanta, GA, Shannon Minter, Courtney Joslin, National Center for Lesbian Rights, San Francisco, CA, for Amici Curiae Lambda Legal Defense and Education Fund, Inc., and National Center for Lesbian Rights.
Supreme Court of Appeals of West Virginia.
DAVIS, Justice:
The appellant herein and petitioner below, Tina B.,1 appeals from an order entered December 2, 2003, by the Circuit Court of Clay County. By the terms of that order, the circuit court denied Tina B.'s petition for custody of the minor child, Z.B.S., who Tina B. had raised from infancy with her now-deceased partner, finding that Tina B. lacked standing to seek an award of custody under W. Va.Code § 48-9-103 (2001) ...
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