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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.
- 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 ...
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.
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.
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.
You can print a Parenting Plan form from the Supreme Court of West Virginia website. There is no charge to get the form this way. You can get a paper copy of the form at the Circuit Clerk's office in your county. There is a small fee to get form packets from the Circuit Clerk (generally $15 or less).
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.