Jei v. Lmi

314 S.E.2d 67, 173 W. Va. 194, 1984 W. Va. LEXIS 364
CourtWest Virginia Supreme Court
DecidedMarch 2, 1984
Docket15987
StatusPublished

This text of 314 S.E.2d 67 (Jei v. Lmi) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jei v. Lmi, 314 S.E.2d 67, 173 W. Va. 194, 1984 W. Va. LEXIS 364 (W. Va. 1984).

Opinion

314 S.E.2d 67 (1984)

J.E.I.
v.
L.M.I.

No. 15987.

Supreme Court of Appeals of West Virginia.

Submitted January 11, 1984.
Decided March 2, 1984.

*68 Leo Catsonis, Charleston, for appellant.

Joseph G. Martorella, Marjorie Martorella, Martorella & Martorella, Huntington, for appellee.

NEELY, Justice.

The husband, appellee in this action, and wife, appellant, were married in December 1977. In June of 1979 a son was born to the couple. The parties separated in September 1981 when the wife left West Virginia and returned to Brooklyn, New York as a result of severe mental illness. In September 1981 the husband filed for divorce in Cabell County on grounds of irreconcilable differences and cruel and inhuman treatment. The wife did not answer the complaint or in any other way appear in the Circuit Court of Cabell County. Because service of process was properly achieved through publication and mail, the circuit court awarded the husband a divorce *69 in November 1981 and gave him custody of the son.

In March, 1982 the wife petitioned for a rehearing and the parties agreed that the circuit court would hear the issue of child custody and that the legal standard to be applied would be the same as if no decision had previously been made concerning custody. The circuit court found that the best interests of the son would be served by leaving him in the custody of his father. We find that the circuit court applied the correct standard and did not abuse its discretion. Therefore we affirm.

I

The appellant married the appellee when she was nineteen. At the time of her marriage she was living with her parents in Brooklyn, New York. Testimony about her childhood is relevant to the case before us because at the time of the hearing in the circuit court the appellant was living with her parents and she indicated that if the court awarded her custody she would raise her son in her parents' home.

Witnesses testified that the circumstances surrounding the appellant's childhood in her parents' home caused her a great deal of pain. She complained that there was never enough food in the house, that the house was not heated in the wintertime, and that her home was lifeless and austere. The appellant's mother often told her as she was growing up that she had the devil in her, and that she was crazy. She described her parents' marriage as unhappy and indicated that her father gambled, drank and had a violent temper.

In March 1980 the parties left New York City to settle in an area they believed was better for raising children. Initially the couple moved to Ohio where the husband was employed at an educational facility for retarded children and other children with special needs. In August 1980, the family moved to Spurlock Creek in West Virginia and the wife began working at a local Pizza Hut.

There is no question that at the time their son was born the wife assumed primary responsibility for his care. When the wife began working at Pizza Hut, she cared for the son during the husband's working hours and the husband cared for him during the wife's working hours. Sometime before Christmas in 1980 the appellant quit her job at Pizza Hut and at the same time she began to suffer severe emotional problems that impaired her functioning in her daily life. She began a gradual process of withdrawal from the infant child who was then about eighteen months old. This deterioration in her mental state became progressively worse over the next few months. The appellant provided less and less physical care, found it difficult to provide appropriate emotional responses, and finally was unable to provide any emotional support for the child. As she withdrew from the child, the appellee gradually took over the responsibility of providing for the son's needs.

By June of 1981 appellant was completely withdrawn from her son. She stayed up long hours at night, sleeping most of the day. When her husband returned home from work in the evenings she still had not dressed for the day and was in her night clothes. She left her son in a playpen. The only attention she appeared to give to the child's physical needs was to open prepared cans of baby food so that the child could eat. When the appellant spoke to her son it was in impatient, raised tones and sometimes with profanity. When the appellee returned home in the evenings his son appeared untended and unkempt, and was usually in need of a clean diaper.

Thus, by May or June of 1981, the father was providing all of the active care for the child. He did all of the shopping and household chores; he did all the meal preparation; he did all the laundry; he did the bathing and reading to the child in the evening; he changed the diapers and toilet-trained the child; and it was he who took the child on excursions out of the home.

The appellant continued to deteriorate until she broke down completely on 14 August 1981. She disappeared with her son *70 and her husband reported to the police that they were missing that evening. The appellant was located the following day, Saturday, at about 3 p.m., in the parking lot of the 10th Avenue YMCA in Huntington. She had spent the night in the parking lot waiting for a nonexistent person, whom she explained was a "tall, dark, handsome, young doctor named Mark Walsh who was terribly rich. He was madly in love with me." The wife said that the imaginary Doctor Walsh was to be her husband in a future life. The son was returned to his father and his wife came home Saturday evening.

Throughout that weekend the appellant continued to exhibit bizarre and deluded behavior, lying in the bathtub in the fetal position. That same weekend a friend of the appellant was visiting from New York. Appellant said that the child was her friend's baby now and that the friend and the appellee were going to get married and take care of the child. Sunday night the appellant laughed to herself on and off throughout the night. Midday on Monday the 17th, the child approached his mother who was holding a package of Parmesan cheese. The appellant offered the child some cheese and when he held out his hand for it she threw it all on the floor. At that point the appellee took his wife to St. Mary's Hospital to have her admitted to the psychiatric ward.

The appellant was treated at St. Mary's hospital by Doctor D.H. Webb. The initial diagnosis was acute psychotic disorder. The final diagnosis was hysterical conversion disorder dissociative type: in other words, that the defendant was not truly psychotic, but had withdrawn from reality and had developed a delusional system. Dr. Webb said that he was unable to get an adequate history concerning the source of appellant's problem because as soon as she felt stress, she diverted the conversation to a tangent concerning her imaginary future husband.

The appellant remained in St. Mary's Hospital until 4 September 1981. At about that time her father came to St. Mary's to obtain her discharge and take her home to Brooklyn, New York. Although Doctor Webb stated that the appellant would be better served by remaining in the hospital, she signed out and returned to her parents' home in New York. Dr. Webb strongly advised appellant to seek therapy in New York because she needed further care, but she did not do so. The appellant moved around in New York for about three weeks staying with different friends. At one point she had an apartment with another woman and was paying half the rent and working.

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Related

Garska v. McCoy
278 S.E.2d 357 (West Virginia Supreme Court, 1981)
J.E.I. v. L.M.I.
314 S.E.2d 67 (West Virginia Supreme Court, 1984)

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Bluebook (online)
314 S.E.2d 67, 173 W. Va. 194, 1984 W. Va. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jei-v-lmi-wva-1984.