Add Checkbox Group Legal West Virginia Visitation Forms For Free

There's no set age when a child can refuse visitation. Rather, parenting time and visitation schedules are designed with a child's interests in mind and are meant to foster a relationship between the child and both parents. Each parent is obligated to encourage visitation between the child and other parent.

A motion for reconsideration asks the judge to decide differently based on the law or new evidence. An appeal moves the case to a higher court and asks that court to review the lower court's decision due to a judge's error.

However, if the grant of visitation rights will interfere with the parent-child relationship or if the parents oppose the request, the court may not grant visitation rights request unless the grandparent can show that the child would be harmed if the request is denied.

Courts give considerable deference to a fit parent's own preference on the matter of grandparent visitation which means a Court is not likely to intervene in a fit parent's decision. Further, West Virginia law creates a rebuttable presumption against such visitation if the parent is fit.

(c) Curator or Temporary Guardian. The duration of such appointment may not exceed six months. The court may extend the temporary appointment upon further order finding continued need in the best interests of the minor.

Child Visitation Laws All 50 states and D.C. currently have some type of "grandparent visitation" statute through which grandparents—and sometimes others (foster parents and stepparents, for example)—can ask a court to grant them the legal right to maintain their relationships with beloved children.

You should file this Petition in the Family Law Master Court or Circuit Court of the county where the child or the other parent lives, if the child has not lived in West Virginia for the last six months you should call a lawyer to be sure where to file these papers.

Parents in the US have a constitutional right to parent as they see fit within reason, including limiting contact with grandparents. States want to be as minimally involved in custody arrangements as possible. Even the majority of parental custody arrangements are decided outside of court.

§48-10-501. Necessary findings for grant of reasonable visitation to a grandparent. The circuit court or family court shall grant reasonable visitation to a grandparent upon a finding that visitation would be in the best interests of the child and would not substantially interfere with the parent-child relationship.