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However, West Virginia does not have a central repository for court records, unlike other states. Instead, you will need to contact the court clerk in the county where the case was filed to obtain copies of court records.
(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was ...
§48-1-239. (b) It is the public policy of the state of West Virginia to recognize the presumption, overwhelmingly supported by social science research, that co-equal joint custody and equally divided parenting time is in the best interest of children.
To request a modification to a child custody order, you must generally demonstrate a significant change in circumstances warranting a modification such as a relocation, harm to a child in the other parent's care, or agreement between the parents to deviate from the court order.
Generally, West Virginia family court records can be accessed by interested and eligible persons through state or third party-operated online repositories, public terminals available in various courthouses across the state or by making mail-in requests to the record custodian.
Family court judges hear cases involving divorce, annulment, separate maintenance, paternity, grandparent visitation, name change, infant guardianship, child custody, and issues involving allocation of parental responsibility and family support proceedings, except those incidental to child abuse and neglect proceedings ...
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.
A family court final order shall contain language explicitly informing the parties (1) that it is a final order; (2) that any party aggrieved by the final order may take an appeal either to the intermediate court of appeals or directly to the supreme court of appeals under West Virginia Code § 51-2A-15; (3) that an ...