LANDIS v. LANDIS, No. 33333 (Per Curiam)(November 8, 2007). Reversing an order of the Circuit Court of Raleigh County that denied a request for attorney's fees and expert witness costs exceeding $300,000 in a divorce proceeding. Holding that the lower courts erred in relying solely on the appellant's ability to pay. After considering the entire record, concluding that there is substantial merit in the assertion that the appellee's intransigence increased the cost of litigation, and ordering the appellee to be responsible for one-half of all the appellant's attorney and expert witness fees and costs.

HELFER v. HELFER, No. 33348 (Per Curiam)(November 8, 2007)(Rehearing denied, January 10, 2008). Reversing an order of the Circuit Court of Ohio County that denied a petition for appeal from a family court order regarding equitable distribution. Holding that the family court in failing to take into account the intangible asset of enterprise goodwill in the chiropractic practice. Remanding for further proceedings.

IN RE: VISITATION AND CUSTODY OF SENTURI N.S.V, No. 33334 (Per Curiam)(October 25, 2007). Reversing an order of the Circuit Court of Cabell County that affirmed a family court ruling that the appellees, who sometimes cared for the child, were psychological co-parents of the minor child and had a shared parenting arrangement with the mother. Holding that simply caring for a child is not enough to bestow upon a care giver psychological parent status. Further commenting on the lower courts' complete and utter disregard of the mother's parental rights, remanding for restoration of full custodial rights.

IN RE: CESAR L., No. 33317 (DAVIS, C.J.)(Starcher, J., concurring in part and dissenting in part)(Albright, J., concurring in part and dissenting in part)(Benjamin, J., concurring)(October 24, 2007). Affirming orders of the Circuit Court of Berkeley County that:(1) determined a mother lacked standing to request a modification of disposition under W. Va. Code 49-6-6 because she had voluntarily relinquished her parental rights; and (2) found that the mother's relinquishment was voluntary and free of fraud and duress and was therefore a valid voluntary relinquishment under W. Va. Code 49-6-7. Setting forth six new syllabus points, and holding that voluntary relinquishment acts as a complete forfeiture of parental status.

ADKINS v. ADKINS, No. 33312 (ALBRIGHT, J.)(November 8, 2007). Granting mixed relief from an order of the Family Court of Cabell County, in a direct appeal from family court. In syllabus points 3 through 8, setting forth significant guidance for determining the support obligation of an incarcerated person, including a determination that this obligation should be set in light of that person's actual earnings while incarcerated and other assets practically available to provide support.

CHILD SUPPORT ENF. DIV. and VARNEY v. VARNEY, No. 33332 (Per Curiam)(Maynard, J., disqualified)(Janes, Judge, by temporary assignment)(November 21, 2007). Reversing an order of the Circuit Court of Mingo County that denied an appeal from a family court order that determined the statute of limitations applies to bar a suit to enforce a decretal judgment for alimony arrearages. Holding that because a writ of execution was issued within the ten-year statute of limitations attached to the decretal judgment, the statute began to run anew from the return day of the execution.

FOSTER v. FOSTER, No. 33301 (Per Curiam)(November 20, 2007). Reversing an order of the Circuit Court of Raleigh County that determined that a petition to recover overpayment of just under $3,500 in child support was filed outside the statute of limitations. Declining to reverse on grounds asserted, instead applying the equitable doctrine of unclean hands to preclude recovery, where the appellee was previously able to avoid paying over $30,000 in child support by successfully asserting that the appellant was barred from collecting on the decretal judgment that was more than ten years old.

WASHINGTON v. WASHINGTON, No. 32980 (Per Curiam)(October 26, 2007). Affirming an order of the Circuit Court of Harrison County that refused a family court appeal on the basis of having been untimely filed. Holding that the circuit court properly raised, sua sponte, the timeliness of the appeal, which was filed one day beyond the thirty-day deadline. Although an opinion letter was late in being made a part of the official court file, the litigant had the letter in his possession, so the letter's late arrival to the court record had no impact on the ability to timely file an appeal. Finding no evidence that the pro se party, who later obtained counsel, was improperly hindered in exercising his right to access the courts.

BROWN v. CITY OF FAIRMONT, et al., No. 33354 (Per Curiam)(November 21, 2007). Granting mixed relief from an order of the Circuit Court of Marion County that granted summary judgment for defendants in an action alleging improper distribution of a fireman's pension to the fireman's ex-wife. Holding that distribution of proceeds to alternate payee prior to retirement was improper because clear statutory requirements had not been met. Affirming the circuit court's determination with regard to allegations of breach of fiduciary duty and related claims.