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ARBOGAST v. LAKE

No. 24431.

512 S.E.2d 572 (1998)

204 W.Va. 315

Edward C. ARBOGAST, Plaintiff Below, Appellee, v. Patricia L. LAKE (Formerly Arbogast), Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 9, 1998.

Attorney(s) appearing for the Case

Douglas A. Cornelius, Clarksburg, West Virginia, Attorney for Appellant.

William W. Talbott, Webster Springs, West Virginia, Attorney for Appellee.

PER CURIAM:

The appellant in this proceeding, Patricia L. Lake, petitioned the Circuit Court of Webster County to modify a prior child custody order and to award her the exclusive custody of her five-year-old son. The circuit court denied that petition. In the present proceeding the appellant claims that that denial was based on the child's stated preference to remain with his father, and she also asserts that the child was incompetent to state such preference. She...

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