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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.