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Unmarried Father's Parental Rights in West Virginia The father's parental rights will hold equal weight to the mother in court if his name is on the birth certificate. The father is required to prove paternity before they can pursue any parental rights.
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.
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.
In West Virginia, paternity is what gives a father the right to request custody and visitation with his child. And once paternity is established, the father is legally obligated to provide financial support to his child.
Unmarried Mother's Parental Rights in West Virginia If the parents are not married, the mother is usually given the primary custody rights automatically. This means the mother has complete authority to make minor and major decisions regarding the welfare of the child.
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.
How to File for Custody in West Virginia Agree on a Parenting Plan. West Virginia requires all cases involving a minor child to submit a parenting plan to the court. ... Calculate Child Support. ... File Required Documents. ... Serve the Other Parent. ... Attend Hearing.