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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 ...
In West Virginia shared custody, the nonresidential parent pays child support to the residential parent. In the case of a 50/50 split, the higher earner generally pays child support to the lower earner to ensure the children's standard of living is the same in both locations.
You may be wondering how to get full custody in West Virginia. The answer to that question will depend on your family's unique circumstances. A child's best interests are at the center of any custody decision. A judge will evaluate a family's overall circumstances to create an order best suited to the child's needs.
§48-13-301. Determining the basic child support obligation. West Virginia Monthly Basic Child Support Obligations (Adjusted for West Virginia's Income Relative to U.S. Averages)COMBINED GROSS MONTHLY INCOMEONE CHILDTWO CHILDREN10001822771050191291110020030419 more rows