Garska v. Mccoy

278 S.E.2d 357 (1981)

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Nature of the Case

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Facts

Gwendolyn McCoy (W) moved from her grandparent's house where she was raised to her mother's house when she was 15. W's mother shared a trailer with Michael Garska (H). Less than 30 days later, W became pregnant by H and returned to live with her grandparents in West Virginia. After she gave birth, W received a package of baby food and diapers. The child has serious respiratory infection and required hospitalization. The grandfather, a retired coal miner, inquired about payment of those fees by his United Mine Worker's medical insurance but was informed that the baby was not eligible unless legally adopted. They began adoption proceedings at which point, H took an active interest in his child and began sending weekly support payments. H responded to the adoption petition with a petition for writ of habeas corpus to secure custody of his son. The trial court consolidated the actions and awarded custody to H. W appealed.