West Virginia Emergency Motion to Remand Cause
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How to fill out Emergency Motion To Remand Cause?
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FAQ
ARTICLE 1A. SEARCH AND SEIZURE. If the judge or magistrate is satisfied that there is probable cause to believe that grounds therefor exist, he shall issue a warrant identifying the property and particularly describing the place, or naming or particularly describing the person, to be searched.
Law enforcement does have the legal right to enforce a child custody order; however, custody disputes are usually considered a civil matter and the police might refuse to get involved.
§48-1-239. (b) It is the public policy of the state of West Virginia to recognize the presumption, overwhelmingly supported by social science research, that co-equal joint custody and equally divided parenting time is in the best interest of children.
- 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 ...
The Best Interests of Child Protection Act of 2022 amends WV Code to include a presumption that equal child custody should be the starting point in WV custody cases.
The application for emergency custody may be on forms prescribed by the Supreme Court of Appeals or prepared by the prosecuting attorney or the applicant, and shall set forth facts from which it may be determined that the probable cause described above in this subsection exists.
(a) Any party may file a motion for reconsideration of a temporary or final order of the family court for the following reasons: (1) Mistake, inadvertence, surprise, excusable neglect or unavoidable cause; (2) newly discovered evidence which by due diligence could not have been available at the time the matter was ...
Any magistrate shall issue, upon the sworn petition of any responsible person, treating physician, or upon his own motion, or a court may issue pursuant to § 19.2-271.6, an emergency custody order when he has probable cause to believe that any person (i) has a mental illness and that there exists a substantial ...
