West Virginia Sample Letter regarding Child Custody and Property Settlement Agreement

State:
Multi-State
Control #:
US-0180LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP] Subject: West Virginia Sample Letter for Child Custody and Property Settlement Agreement Dear [Recipient's Name], I hope this letter finds you in good health and high spirits. I am writing to discuss and formalize the Child Custody and Property Settlement Agreement we have reached during our ongoing divorce process. As per the legal regulations in West Virginia, it is crucial that we establish a clear and comprehensive understanding regarding the custody of our children and the equitable distribution of our property. Firstly, I would like to acknowledge that the best interest of our children is our utmost priority. Therefore, we propose a joint custody arrangement, which encourages both of us to remain actively involved in their lives to ensure their physical and emotional well-being. This agreement is in line with the West Virginia Code § 48-9-201, which emphasizes the importance of shared parenting responsibilities. Under this proposal, we will strive to cooperate and make decisions collectively to provide stability and consistency for our children. We will establish a flexible visitation schedule that allows both parents to spend quality time with the children, taking into consideration school holidays, special occasions, and extracurricular activities. Furthermore, we have given careful thought to the equitable distribution of our shared assets and liabilities. In accordance with the West Virginia Code § 48-7-501, we aim to divide our marital property fairly and justly. To ensure a seamless transition and minimal disruption, we suggest engaging a mutually agreed-upon professional evaluator to assess the value of our assets and liabilities. After the evaluation process, we can proceed with dividing our property based on equitable distribution principles. Typically, this includes matrimonial homes, vehicles, financial accounts, retirement plans, investments, and any other jointly owned assets. Our intention is to divide these assets considering their fair market value, the duration of our marriage, the financial contributions made by each party, and other relevant factors outlined in the West Virginia Code § 48-7-502. Regarding any outstanding debts or liabilities, we should establish a fair distribution plan to minimize financial burdens on both parties. This may include mortgages, loans, credit card debts, and any other joint obligations that may exist. In summary, this letter serves as our preliminary agreement and understanding in regard to child custody and property settlement. Its purpose is to initiate a productive and respectful conversation between us, with the aim of obtaining legal advice and reaching an official settlement that satisfies both parties. We believe that approaching these matters amicably will create a more peaceful and harmonious future for ourselves and our children. I suggest that we seek the assistance of a professional mediator or attorney who specializes in family law to guide us through this process and to ensure that our agreement complies with West Virginia statutes and regulations. Please review this proposal thoroughly and let me know your thoughts or any amendments you would like to suggest. I believe that by working together, we can create a child custody and property settlement agreement that is fair, just, and beneficial for all involved parties. Thank you for your attention and cooperation. I am hopeful that we can resolve these matters promptly and amicably. Kind regards, [Your Name]

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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.

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.

To request a modification to a child custody order, you must generally demonstrate a significant change in circumstances warranting a modification such as a relocation, harm to a child in the other parent's care, or agreement between the parents to deviate from the court order.

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.

You may be wondering how to get full custody in West Virginia. The answer to that question will depend on your family's unique circumstances. A child's best interests are at the center of any custody decision. A judge will evaluate a family's overall circumstances to create an order best suited to the child's needs.

The parent asking for a child custody agreement modification needs to file a motion to do so with the courts. In Virginia this is typically done in the same Juvenile and Domestic Relations District Court that ordered the original custody agreement, although there may be some exceptions, such as if one parent has moved.

To file your Motion for custody modification in the Juvenile Court, fill out the Virginia Form DC-630, which is the ?Motion to Amend or Review Order.? You can download a blank form from the Virginia judicial website.

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

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Use this fillable form for the longer answers required in certain sections of the Notice of Appeal. Print and attach the extra sheets to the Notice of Appeal ... Aug 23, 2021 — Legal Aid of West Virginia developed these videos to provide information about how to fill out forms for custody cases in West Virginia.Please follow our helpful tips for opening and completing PDF forms. Notices, Docketing Statements. Notice of Appeal · Notice of Appeal - Extra Sheet Use this ... Oct 18, 2019 — Tell the Judge what you want (“relief”). • what assets you want each party to have. • what debts you want each party to pay. • Whether you are ... (c) "Child custody determination" means a judgment, decree or other order of a court providing for the legal custody, physical custody or visitation with ... You may write, telephone, or visit the West Virginia Bureau for Child Support ... a sample agreement for you at the time of the meeting. 3. Draft and sign a ... Jul 21, 2021 — Ruling: West Virginia case law generally indicates a marked preference for characterizing the property of married persons as marital. Court-ordered payments to an ex-spouse that is separate and apart from child support payments. It can be temporary or permanent. BCSE will enforce a spousal ... It clarifies UCCJA provisions that have received conflicting interpretations in courts across the coun- try, codifies practices that have effective- ly reduced ... A divorce settlement agreement is a written document that goes by many names, depending on where you live. It can be referred to as any of the following:.

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West Virginia Sample Letter regarding Child Custody and Property Settlement Agreement