West Virginia Agreement for Consent Judgment Establishing Paternity, Granting Joint Legal and Physical Custody of Minor Child to Mother and Father and Establishing Child Support Payments to Mother

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Multi-State
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US-01352BG
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Description

Putative father means a reputed father, as established by: any person adjudicated by a court of a state to be the father of a child born out of wedlock.; any person who has filed with the registry before or after the birth of a child born out of wedlock, a notice of intent to claim paternity of the child; any person adjudicated by a court of another state or territory of the United States to be the father of a child born out of wedlock, where a certified copy of the court order has been filed with the registry by the person or any other person; and any person who has filed with the registry an instrument acknowledging paternity. The majority of the states in the United States have a putative father registry, usually administered by the state's Department of Vital Records.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Agreement for Consent Judgment Establishing Paternity, Granting Joint Legal and Physical Custody of Minor Child to Mother and Father and Establishing Child Support Payments to Mother

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FAQ

Under the new WV custody law, both types of custodial rights shall be shared equally between the parents unless the parents agree otherwise or the court finds such shared custody is not in the best interests of the child.

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.

DNA Testing in West Virginia Most Collection sites can do sample collection the same day that you call and most charge about $25 per/person for collecting the DNA sample and overnight the samples to our lab.

Similarly, both parents signing an Acknowledgment of Paternity (AOP) form under oath establishes paternity for that child. This is most often done in the hospital when the child is born. Among other benefits for the child, signing an AOP ensures that the child's original birth certificate includes the father's name.

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.

Now, judges could go along with agreements with regards to child support, but it's really going to vary from judge to judge as to whether that's acceptable. Often in West Virginia, it's very customary in family court, even when there is some sort of agreement, that the court still applies the child support formula.

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.

§48-9-102a Presumption in favor of equal (50-50) custodial allocation. There shall be a presumption, rebuttable by a preponderance of the evidence, that equal (50-50) custodial allocation is in the best interest of the child.

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West Virginia Agreement for Consent Judgment Establishing Paternity, Granting Joint Legal and Physical Custody of Minor Child to Mother and Father and Establishing Child Support Payments to Mother