MOTION TO MODIFY CHILDCUSTODY ORDER

Casaundra Spencer

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Respondent in pro per

STATE OF WEST VIRGINIA

IN THE CIRCUIT COURT OF OHIO COUNTY

NOTICE OF MOTION TO MODIFY CHILD CUSTODY ORDER

You are notified that on ___________________ (Date) at _______ (am/pm), or as soon thereafter as Casaundra Spencer can be heard, in Courtroom ___ of the Circuit Court of Ohio County located at 1500 Chapline St., Wheeling, WV 26003, Casaundra will bring on for hearing her Motion to Modify Child Custody Order for the reasons stated in the attached Motion.

Dated this 29^th day of October, 2021.

Respectfully Submitted,

______________________________

Casaundra Spencer

Respondent in pro per

Casaundra Spencer

Your Address

City, ST ZIP Code

Phone | Fax

Email

Respondent in pro per

STATE OF WEST VIRGINIA

IN THE CIRCUIT COURT OF OHIO COUNTY

MOTION TO MODIFY CHILD CUSTODY ORDER

NOW COMES Casaundra Spencer, the _____ in this Matter (hereinafter referred to as “Casaundra”), and files this Motion to Modify Child Custody Order, and for cause would show this Honorable Court as follows:

1. This Court entered an order terminating the parental rights of Casaundra in the best interests of the Minor Children because of the abuse they faced from their father and for the reason that Casaundra had misrepresented some facts about living with her former boyfriend who had a criminal history.
2. Casaundra appealed to the Supreme Court of Appeals which affirmed the decision and order of this Court.
3. A lot has changed in Casaundra’s life and at this time, it is in the best interests of the Minor Children to restore Casaundra’s parental rights and give her custody of the Minor Children.
4. Casaundra no longer lives with the father of the Minor Children who was abusive to them. She also ended the relationship she had with her former boyfriend who had a criminal history.
5. Currently, Casaundra is not under any medication and she does not abuse any drugs. She is ready to take a court-mandated drug test to confirm this.
6. Casaundra works as an Assistant Manager at Bob Evans and is capable of taking care of and meeting the needs of the Minor Children. She also has her own car which she hopes to use to use to take the Minor Children wherever they need to go when her parental rights are restored and she is granted their full legal custody.
7. Casaundra has her own house which can accommodate the Minor Children. She can provide a safe environment for her children.
8. By staying away from the Minor Children’s father and her former boyfriend, finding a job and her own place to live, and fully recovering from the effects of drug abuse, Casaundra has changed all the things that made her unfit to be a parent and led to the termination of her parental rights. In that regard, it is in the best interests of the Minor Children for her to be granted full legal custody of the Minor Children.
9. West Virginia Code § 48-9-102(a) provides thus: “The primary objective of this article is to serve the child’s best interests, by facilitating: (1) Stability of the child; (2) Parental planning and agreement about the child’s custodial arrangements and upbringing; (3) Continuity of existing parent-child attachments; (4) Meaningful contact between a child and each parent; (5) Caretaking and parenting relationships by adults who love the child, know how to provide for the child’s needs, and who place a high priority on doing so; (6) Security from exposure to physical or emotional harm; (7) Expeditious, predictable decision-making and avoidance of prolonged uncertainty respecting arrangements for the child’s care and control; and (8) Meaningful contact between a child and his or her siblings, including half-siblings.”
10. Granting Casaundra full custody of the Minor Children will ensure their stability as they will be living with their biological mother who loves them and is willing to provide for all their needs. 
11. When living with Casaundra after she is granted full custody, the Minor Children will be safe from emotional and physical harm because Casaundra eliminated from her life the two people who caused or potentially would have caused them harm: their father and Casaundra’s former boyfriend.
12. In James v. Maynard, 408 SE 2d 401 (1991), it was held as follows: “In Honaker, we recognized that a child’s best interests must be the primary standard by which his rights to continued contact with other significant figures in his life are to be determined.” Being the Minor Children’s biological mother, Casaundra is a significant figure in their lives. As already proved in this Motion, it is in their best interests for them to live with Casaundra.
13. The burden of proving that under the present circumstances, it is in the best interests of the Minor Children for Casaundra not to have full custody lies on West Virginia Department of Health and Human Resources. The Department must do so by clear and convincing evidence.
14. The Minor Children have expressed intent of wanting to live with Casaundra. Casaundra’s eldest child wrote to the learned judge in 2020 but she was not heard. Since Casaundra’s eldest child is above the age of 12, Casaundra urges this Court to grant her eldest child’s wish. In State ex. rel. Treadway v. McCoy, 429 SE 2d 492, 189 W. Va. 210 (1993), the court stated that the best interests of a child are served by preserving important relationships in that child’s life. It is in the best interests of the Minor Children to preserve the mother-child relationship with Casaundra, absent compelling reasons for continued termination of her parental rights supported by clear and convincing evidence.

REASONS WHEREFORE, Casaundra Spencer respectfully requests this Honorable Court to set aside the order terminating her parental rights and modify it to restore her parental rights and grant her full legal custody of all the Minor Children who are the subject of this Matter.

Dated this 29^th day of October, 2021.

Respectfully Submitted,

______________________________

Casaundra Spencer

Respondent in pro per

VERIFICATION

I, Casaundra Spencer, being duly sworn depose and say that I am a Respondent in the above-entitled action, that I have read the foregoing Motion to Modify Child Custody Order and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief, and as to those things, I believe them to be true.

_________________________________

(Sign in the presence of a Notary Public)

Sworn to and subscribed before me this 29th day of October, 2021.

______________________________

Notary Public

________________________________________

(Printed name of Notary Public)

My Commission Expires: ____________________

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