The Intermediate Court of Appeals of West Virginia has overturned parts of a family court decision involving a mother’s request to relocate with her children and the setting of child support. The ruling, issued on December 4, 2025, sends the case back to the family court for further review, citing errors in the original order.
Background of the Case
The case involves Kayla S. (“Mother”) and Preston S. (“Father”), who share two minor children. The couple divorced in March 2024, with an initial agreement of $0 monthly child support. The divorce order also included a joint parenting plan.
In February 2025, Mother filed several petitions. One was for contempt, alleging Father’s failure to remove her name from a property title and allow her to retrieve her furniture. Another sought to establish set parenting time for Father. The third petition was for relocation, where Mother requested to move closer to her job and medical treatments.
A hearing was held in April 2025, where the family court addressed these petitions. The court considered Mother’s relocation request, which was prompted by her need to be closer to her job and chemotherapy appointments. The family court denied Mother’s relocation petition and set child support at $600 per month.
The Appeals Court’s Decision
The Intermediate Court of Appeals addressed two main issues in its review: the denial of Mother’s relocation request and the child support order.
Relocation Denial: The appeals court found that the family court erred in denying Mother’s relocation request. The court pointed out that the family court’s order did not properly apply the current version of West Virginia’s relocation law, specifically West Virginia Code § 48-9-403 (2021). The appeals court emphasized that the family court failed to adequately consider the three factors required by the law. These factors are:
* The reasons for the proposed move are legitimate and in good faith.
* Allowing the relocation is in the best interests of the children.
* There are no reasonable alternatives to the relocation that would be better for the children.
The appeals court also cited previous rulings, stating that the family court’s order must provide sufficient factual and legal basis for its conclusions to allow for meaningful review. Because the family court’s order did not meet this standard, the appeals court vacated the denial of relocation and sent the matter back to the family court.
Child Support Order: The appeals court also found fault with the child support order. The court stated that the family court deviated from the state’s child support guidelines without providing a proper explanation. West Virginia law requires that child support guidelines be applied in all cases where child support is being determined. If a court decides to deviate from these guidelines, it must explain why and state the amount of the guidelines-based award.
In this case, the appeals court noted that the family court failed to make any findings regarding the parents’ incomes. The court did not mention the child support formula in its order nor did it attach a worksheet. The appeals court vacated the child support award and ordered the family court to issue a new order that properly applies the child support guidelines. The new order must include the necessary information and explain any deviation from the guidelines.
Assignments of Error
The appeals court also addressed the Mother’s assignments of error. The Mother asserted that the family court erred by indicating that Mother and Father reached an agreement. However, the appeals court found that there was nothing in the family court’s order or the record that indicated that the order on appeal was the result of an agreement by Mother and Father. Therefore, Mother’s first two assignments of error were deemed without merit.
Outcome and Next Steps
The appeals court’s decision vacates the family court’s denial of Mother’s relocation and the child support award. The case is now sent back to the family court for further proceedings. Until the family court resolves the matter, the original order is converted to a temporary order. The family court must now reconsider the relocation request, applying the correct legal standards, and issue a new child support order that complies with the state’s guidelines.