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Under West Virginia law, a grandparent of a child residing in West Virginia may apply for Court ordered visitation by filing a motion or petition with the Circuit Court or Family Court of the County where the child resides.
Rule 4 - Summons (a)Form. - The summons shall be signed by the clerk, bear the seal of the court, identify the court and the parties, be directed to the defendant, and state the name and address of the plaintiff's attorney or, if unrepresented, of the plaintiff.
- Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon the party and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period.
The Judge's Role under the New WV Child Custody Law Under the new law, judges must approach a custody dispute with the presumption of 50-50 custody. However, they are not required to award shared custody and may allow the circumstances of the situation to dictate who gets custody in a WV divorce.
Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint online. Fill in your name and address. Then fill in the defendant's name and address.
Under federal law, all civil actions have a filing fee of $400.00. You can pay the filing fee by credit card or money order. Money orders must be payable to "Clerk, U.S. District Court".
In West Virginia, small claims court is called magistrate court. You may file in magistrate court on your own for anything that is $10,000 or less.
- An order removing a child from his or her home and placing the child in the custody of the Department must state (1) that there is reasonable cause to believe that the child is in imminent danger; (2) that continuation in the home is contrary to the welfare of the child, setting forth the reasons; (3) whether the ...