GARSKA V. McCOY
278 S.E.2d 357 (1981)
NATURE OF THE CASE: This was a custody dispute over an illegitimate child.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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