West Virginia Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights

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US-00877BG
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This form is a petition to declare a child free from a parent's custody and control on the grounds of cruel treatment.
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FAQ

W. Va. Code § 49-4-702(b)(2). In truancy and other status offense matters, a referral is not mandatory if the juvenile has a prior adjudication for a status or delinquency offense, or if there is a significant and likely risk of harm to the juvenile, a family member, or the public.

(a) A juvenile, including one who has been transferred to criminal jurisdiction of the court, may not be detained or confined in any institution in which he or she has contact with or comes within sight or sound of any adult persons incarcerated because he or she has have been convicted of a crime or are awaiting trial ...

If a juvenile fails to appear in response to a summons served in person upon him or her, an order of arrest may be issued by the court for that reason alone.

Unified child and family case plans; treatment teams; programs; agency requirements.

§49-4-301. Custody of a neglected child by law enforcement in emergency situations; protective custody; requirements; notices; petition for appointment of special guardian; discharge; immunity.

W. Va. Code § 49-4-702(b)(2). In truancy and other status offense matters, a referral is not mandatory if the juvenile has a prior adjudication for a status or delinquency offense, or if there is a significant and likely risk of harm to the juvenile, a family member, or the public.

No. Guardianship does not end a parent's rights to their child forever. Instead, allows someone else to make decisions regarding the child's care and well-being during the guardianship.

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.

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West Virginia Petition of Minor by Guardian Ad Litem to be Declared Free from Father's Custody Due to Cruel Treatment - Release of Parental Rights