http://www.geocities.com/family_rights_wv/caselaws/HAGER_V_HAGAR.html

Hagar v. Hagar Highlights

"This Court stated in Syllabus Point 3 of S.H. v. R.L.H., 169 W.Va. 550, 289 S.E.2d 186 (1982) that �neither remarriage nor an extramarital relationship per se raises any presumption against continued custody in the parent originally awarded such custody.� In Porter v. Porter, 171 W.Va. 157, 159, 298 S.E.2d 130, 132 (1982), this Court stated that, �[t]here must also be a showing that the parent's relationship with another adult has a deleterious effect upon the child and that the child will materially benefit from the change of custody,� evidence of which has been noticeably absent from the proceedings at bar. "

"In J.B. v. A.B., 161 W.Va. 332, 345, 242 S.E.2d 248, 256 (1978), this Court stated that �[t]he award of child custody, however, should not be an exercise in the punishment of an offending spouse. In punishing the offending spouse one may also punish the innocent child, and our law will not tolerate that result.�'

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