We find the minor factual differences between this case and Nancy Viola R. to be without merit and therefore, hold that the circuit court correctly terminated George Ryan S.'s parental rights. George Ryan S. also argues that the proceeding terminating his parental rights was procedurally flawed because he was not physically present. We noted that although George Ryan S. was not present, his rights were protected at the hearing by a guardian ad litem. In addition, most of the evidence concerning George Ryan S.'s parental fitness came from his criminal conviction that was judicially noticed. Although the circuit court attempted to solve the custody dispute by making the maternal and paternal grandparents work together for the benefit of the child, the award of joint custody to the maternal and paternal grandparents was clearly an error.
Joint custody can work well when the parties have a cooperative spirit.
A cardinal criterion for an award of joint custody is the agreement of the parties and their mutual ability to co-operate in reaching shared decisions in matters affecting the child' s welfare. Syllabus Point 9, David M. , supra. The relationship among the grandparents was so scarred by the tragedy that neither maternal nor paternal grandparents were able to visit with the child in the other grandparents' house. The paramount and controlling factor in all custody matters is the child's welfare. David M. , supra 182 W.Va.