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When a child is born and the parents are not married, either parent may file a case to establish parentage. This means that parents are asking the court to make a ruling as to who the parents are, and who is legally responsible for that child.
WV custody law allows for the judge to award a temporary parenting plan during the custody negotiations and divorce process. The judge may decide which parent should have custody or whether it should be shared. However, the parents can also come to an agreed temporary plan to submit to the court for approval.
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.
?Sole physical custody? means a child resides with and is under the supervision of one parent, subject to reasonable visitation by the other parent, unless the court determines that the visitation would not be in the best interests of the child.
A right of first refusal is a court order that does not allow one parent to place the child in the care of another person without first giving the other parent the first right to care for the child.
Fast facts on West Virginia child support West Virginia sole physical custody: In West Virginia, sole physical custody means the children reside with and are supervised by the residential parent, while the other parent is entitled to scheduled visitations.
In addition, the Court may also want to know where the children want to live if they are over 14 years old. If the child is not yet 14 years old, the Court will evaluate if they seem mature enough to have a preference. If a parent wants to challenge 50/50 shared custody they should bring evidence to their hearings.
There Is No "Full Custody" In West Virginia Parents work hard to maximize time with both parents by customizing their unique ?parenting plan.? The parenting plan includes a schedule as to where the child sleeps, how the child celebrates holidays and how the restructured family will enjoy summer vacations.