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Home My WebLink About97-01437 v ~ ~ ,.- ~ J ~ ~ 't ~ i \'\ ~, / ./ ( ~ ~ "- '.. .:) .. 'V I t"- O' r I , , {I , .. '.0 I.C:'!:I , , :'1 -'!' 0'0 ,I IN 'l'IIE CInCUI'l' COUll'l' OF BERKELEY COU~.~'~ I ~ W~~r,,.v)IlGIllI1\ I',O( .' GILBERT C. M1\YNE, JR., ,.. ..' ,..' "'I"!:' ClE"" plaintiff, n....:...".:. 1._, 1\1\ vs. 93-C-209 F1\YE E. M1\YNP., defendAnt:. 1\GREEU O!l!m.R UN 'l'lIIl 8Lh dny of Dn'.:cmuco::, lQ94, cnm!! the plnlnl:Jff by counsel, nnd the defendanl: p'ro se fur I:he purpolles of conducllng 11 pre-trlal scheduling conference prior \:0 \:he hearing on permanent custody. On February 23, 1994, I:he pnrtles were divorced, and final custody of the minor childL'en of \:he par\:1es was granted to defendant Faye E. Mayne. Subsequent to the entry of I:hIs final Order, c011nsel for the p.lain\:1ff received a copy of a wvors report inves\:1ga\:1ng the sexual assault of \:he m.tnor child Wendy M. Mayne by Ronnie McCauley. Prlor 1:0 I:he entry of the final custody order, Mrs. Mayne had represented to her al:l:orney and to Family Law Masl:er Kratovil I:hat her daughLer had lIot been sexually assaulted. The wVOPS rephrt contained fltatemen\:s by Faye E. Hayne and Wendy M. Mayne, as well as a confessIon by Ronnie McCauley, that confirmed that Wendy had actually been sexually assaulted by Ronnie McCauley. A mo\:1on 1:0 modify I:he final cus\:ody order WIlS immedia\:ely filed by \:he plaintif f, which was denied because the even\: complained of dld not const.l.tute a materinl change of circumstances, although leave to file n Motion 1:0 Set Aside waa specifically granted. This motion wan filed shortly thereafl:er, and a hearing occurred on August 5, 1994 on plnlntlff's Mol:ion to Set AsIde portions of the final order concerning permanent custody of the minor children of the parties. At this hearing, Family Law ~Iaster Kratovil ordered that a home study be performed on the home of Faye E. Mayne due to the existence of credible evidence that Wendy Mayne had been sexually assaulted by Ronnie McCauley. Family Law Master Kratovil further determined that Faye Mayne's failure to protect her minor children from Ronnie McCauley may constitute abuse and neglect. Custody of the mInor chll.dr.rm rClllllined with Faye Hayne pending the completion of the investigation or further order of the Court. The Family Law Haster further concluded that the presence of Ronnie McCauley would justify the immediate removal of the minor children from the custody of Faye E. Mayne. On September 16, 1994, the court took further evidence on said motion. The defendant failed to appear, despite having been personally been served with a Notice of nearing seven days prior to the September 16, 1994 hearing. The plaintiff testified that he had personally observed Ronnie McCauley in the presence of the children on several occasions subsequent to the August 5, 1994 hearing. For g,ood cause appearing to the Court, temporary custody of the minor children of the parties was granted to the plaintiff. A hearing on final custody is scheduled January 11, 1995. In light of the above, the parHes have entered into a written agreement which contains the following terms and provisions: 1. That it is in the best interests of Wendy Mayne and Gilbert C. Mayne, III, to be in the permanent care, custody, and control of Gilbert c. Mayne, Jr.1 2. That Gilbqrl; C. Mayne, Jr., will be f.lnancially responsible for the needs of Wendy Mayne, her daughter Christina, and Gilbert C. Mayne, III; 3. 'l'hat Faye E. Mayne shall pay to Gilbert C. Hayne, Jr.., the amount of $50.00 per month as child support for the minor children of the parties, which amount is 1n conformance with the requirements of the West virginia Child Support Guidelines, subject to future modification by this Court; 4. That Faye E. Hayne shnl1 have visitAtion with the minor children of the parties in Accordance with schedule "A", except for the Christmas 1I0liday visitation, and that visitation with Gilber.t shall be progressively increased; 5. 'l'hat the first weekend visit ahall occur From Friday, December 9, 1994 at 6: 00 p.m. \lntil Sunday December 11, 1994 at 6:00 p.m., and every other weekend thereafter; 6. 'rhat Gilbert C. Mayne shall have custody of the minor children of the parties every Christmas Eve and Christmas Day until 3:00 p.m., and that Faye E. Hayne shall have a Christmas visitation every year from 3:00 p.m. on December 25, \lnti1 8:00 p.m. December 28, 1994; 7. That the visitation with Gilbert C. Hayne, III shall begin with daytime visits only, and shall gradually increase by agreement of the parties to the point where schedule "An visitation between Faye E. Hayne and Gilbert C. Hayne, III shall begin no later than Harch I, 1995; 8. That Ronnie McCauley shall never be in the presence of the children. It appearing that the agreement of the ptn:ties is reasonable, nlld thnl: it in lIot tho product of fraud, duress, coercion, or other 1I11001llluiollnhlo Ulllllluct:, it: is approved, ratified, and adopted as the OJ:deJ: of thIn Court. 1\; in nccordingly ORDERED and ADJUDGED that it is in the bellt illterontll of WOlldy Mayne and Gilbert c. Mayne, III, to be in the permanent IlaJ:O, clIstody, and control of Gilbert C. Mayne, Jr. I that Gilbort C, Mayno, Jr., is a fit and proper person to be <jJ:llnlod lhnJ r [>01'111"110111: CArR, cllntody And control: It in fllrthor ORDERED that Gilbert c. Mayne, Jr., shall be f 1nnnc1n11 Y responsible for the needs of Wendy Mayne, her daughter ChrillHnn, nnd Gilbert C. Mayne, IIII It ill fUJ:ther ORDERED that Faye E. Mayne is capable of paying child sllpport according to the West Virginia Child Support GlIldollnosl that Faye E. Mayne shall pay to Gilbert C. Mayne, Jr., tho IImount of $50.00 per month as child support for the minor childron of the paJ:Hes, which amount is in substantial conformance with the requirements of the West virginia Child support Gllidellnes, subject to future modification by this Court: It ill further ORDERED that Faye E. Mayne is a fit and proper person to be gJ:anted visitation with the minor children of the parties: that Faye E. Mayne shall have visitation with the minor chJ.1dren of the parties in accordance with their agreement, which is filed with this order and made a part hereof: and that Ronnie McCauley shall never be in the presence of the children. It further appearing to the Court that nothing further remains in this matter, and that all costs have been paid, it is ORDERED that this matter be retired from the docket and placed among causes ., ~......n"'.~.-- " .. ... .. Y'o' . .. \ " , ! .... t .4~ .~. ..~., ~ . 'is""::'}' . .v.. , ',.. .'.....4~. .....,..; ," ""~" ~', '.. ,p.... '" .\ . 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