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Who has the right to custody of a child? Unless there is a court custody order, both parents of a child have equal rights to physical possession of a child. This is true even if the parties are not married to each other.
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.
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.
Custody orders stay in place until a child reaches 18 or is emancipated. A judge may order a visitation or custody arrangement that doesn't align with a child's preference. For example, a child may not want to have visits with an estranged parent. There's no set age when a child can refuse visitation.
Evidence of a history of abuse or violence against the child, another child, the child's other parent, or another romantic partner. A parent's history of substance abuse, including drugs and alcohol. The amount and nature of contact between the child and each parent.
There Is No "Full Custody" In West Virginia Parents work hard to maximize time with both parents by customizing their unique ?parenting plan.? The parenting plan includes a schedule as to where the child sleeps, how the child celebrates holidays and how the restructured family will enjoy summer vacations.
Custody orders stay in place until a child reaches 18 or is emancipated. A judge may order a visitation or custody arrangement that doesn't align with a child's preference. For example, a child may not want to have visits with an estranged parent. There's no set age when a child can refuse visitation.
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.