Garska v. McCoy
Supreme Court of Appeals of West Virginia
278 S.E.2d 357 (W. Va. 1981)
McCoy (defendant) raised her son Jonathan alone without involvement from the child's father, Garska (plaintiff); when Jonathan needed medical care McCoy couldn't afford, she consented to having her grandfather adopt him solely so he could access the grandfather's health insurance. Garska then sought custody through habeas corpus, and although the circuit court found no unfitness on McCoy's part, it awarded Garska custody based on his superior intelligence and wealth as reflected in the record. McCoy appealed.
Whether, in a child custody proceeding, there is a presumption favoring the primary caretaker parent, so long as that parent meets a minimum objective standard for fitness.