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173 W. Va. 740

320 S.E.2d 112

Allen v. Allen

West Virginia Supreme Court

Decided July 20, 1984

West Virginia Supreme Court · decided 1984-07-20

Good law ✅— No negative treatment on recordhow we know

Decided 1984-07-20

How this case has been cited

Cited by 20 later decisions — most recently May 2012

20 state decisions

901984199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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NEELY, Justice,

¶1dissenting:

¶2I respectfully dissent because I do not find that the trial court abused his discretion. Although I strongly favor our primary-caretaker-parent presumption, I do not read that presumption as providing that mothers will invariably get custody. In the case before us the record obviously discloses that the appellee father, as between the two natural parents, is superior and I would affirm the circuit court.

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