West Virginia Family Court Parenting Plan is a legal document that outlines the rights and responsibilities of parents in regard to the care and upbringing of a child or children. It is created by the court in order to ensure that both parents have equal access to the child or children, and to ensure that the child's or children's best interests are taken into consideration. The plan is typically created during a divorce or separation process, or in cases of unmarried parents. The West Virginia Family Court Parenting Plan outlines the physical and legal custody arrangements for the child or children, as well as visitation schedules, decision-making authority, and other important considerations. It is a personalized agreement created to best suit the needs of the individual child or children, as well as the parents. There are four types of West Virginia Family Court Parenting Plans: sole custody, joint custody, split custody, and shared custody. Sole custody grants one parent full responsibility for the care and upbringing of the child or children. Joint custody is when both parents have equal legal and physical responsibility for the child or children. Split custody is when the child or children are divided between the two parents. Shared custody is when both parents have equal time with the child or children.
West Virginia Family Court Parenting Plan
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FAQ
Modification without showing of changed circumstances. (a) The court shall modify a parenting plan in ance with a parenting agreement, unless it finds that the agreement is not knowing and voluntary or that it would be harmful to the child.
There's no set age when a child can refuse visitation. Rather, parenting time and visitation schedules are designed with a child's interests in mind and are meant to foster a relationship between the child and both parents. Each parent is obligated to encourage visitation between the child and other parent.
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).
(f) A parent who has sought and been denied equal (50-50) physical custody, or who has been denied any physical custody, may file an interlocutory appeal with the West Virginia Intermediate Court of Appeals as to the temporary custodial allocation of the child or children, and the Intermediate Court of Appeals shall
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.
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.
West Virginia Legislators have made a few changes to custody law that started on June 10, 2022. In cases dealing with custody, the Family Court now has a presumption, or belief, that there should be 50/50 shared equal custody between parents. This means Judges will equally split custody 50/50 between parents.