West Virginia Petition By Father of Minor Child For Voluntary Legitimation

State:
Multi-State
Control #:
US-01008BG
Format:
Word; 
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Instant download

Description

Legitimation is the voluntary act or process of legitimating a child born out of wedlock. It exists solely as a result of the law and policy of each jurisdiction and statutes must be construed and given effect according to the construction of the courts and legislatures of such states. Depending on the jurisdiction, legitimation may be accomplished by petition in a judicial proceeding or by legal recognition (e.g., by affidavit) of the illegitimate by the parent, or by either method.

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FAQ

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.

West Virginia is an equitable distribution state. This means property is divided fairly, but not always on a 50/50 basis. There are several factors the courts will consider when making a determination. First, there must be a clear identification of what is marital property and what is separate property.

West Virginia courts have long used the ?best interest of the child? standard when determining custody, and that hasn't changed. Still, the new law instructs judges to presume that a 50-50 split in physical custody is in the child's best interest.

ARTICLE 1. GENERAL PROVISIONS; DEFINITIONS. (b) ?Basic shared parenting? means an arrangement under which one parent keeps a child or children overnight for less than 35 percent of the year and under which both parents contribute to the expenses of the child or children in addition to the payment of child support.

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.

How long do the mother and father have to establish paternity? The mother and father can establish paternity for the child up until the child's 18th birthday, or 21st birthday if actions are brought by the child.

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.

Unwed Father ? An unwed father is an unmarried man who has a child with a woman. The unwed father must pay child support if a court finds that he is the biological or acknowledged father. An unwed father who pays child support may also have visitation rights with the child and can seek custody of the child.

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West Virginia Petition By Father of Minor Child For Voluntary Legitimation