This form is a Visitation Agreement. The form provides a schedule which allots time for visitation to the non-custodial parent of minor children.
West Virginia Visitation Guidelines
Category:
State:
Multi-State
Control #:
US-02537
Format:
Word;
Rich Text
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How to fill out Visitation Guidelines?
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FAQ
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.
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.
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.
Under West Virginia law, a grandparent of a child residing in West Virginia may apply for Court ordered visitation by filing a motion or petition with the Circuit Court or Family Court of the County where the child resides.
There's no set age when a child can refuse visitation. Rather, parenting time and visitation schedules are designed with a child's interests in mind and are meant to foster a relationship between the child and both parents. Each parent is obligated to encourage visitation between the child and other parent.
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.
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.