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ARTICLE 22. (c) Abandonment of a child shall be presumed when the unknown father fails, prior to the entry of the final adoption order, to make reasonable efforts to discover that a pregnancy and birth have occurred as a result of his sexual intercourse with the birth mother.

Willful desertion or abandonment for six months is a ground for divorce from marriage in West Virginia. Desertion in divorce law is the voluntary separation of one of the married parties from the other. Desertion can also be the voluntary refusal to renew a suspended cohabitation of the parties.

What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

If the magistrate finds evidence of immediate and present danger of abuse to the petitioner or minor children, the magistrate will give the petitioner an Emergency Protective Order. The Emergency Protective Order is in effect until the Family Court enters an order in the case.

West Virginia is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.Factors such as one spouse's economic misconduct may also be considered.

West Virginia Order Permitting Filing of Petition

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What is considered child abandonment in WV?

What is considered abandonment in WV?

What makes a parent unfit in WV?

What is a DVP in WV?

Is WV A 50/50 divorce state?

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