West Virginia Sample Letter for Petition for Legal Separation - Time Extension
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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.
(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.
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.
In West Virginia shared custody, the nonresidential parent pays child support to the residential parent. In the case of a 50/50 split, the higher earner generally pays child support to the lower earner to ensure the children's standard of living is the same in both locations.
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.
§48-13-301. Determining the basic child support obligation. West Virginia Monthly Basic Child Support Obligations (Adjusted for West Virginia's Income Relative to U.S. Averages)COMBINED GROSS MONTHLY INCOMEONE CHILDTWO CHILDREN9501732641000182277105019129119 more rows
West Virginia custody laws generally consider the preferences of children 14 and older to be well-reasoned and sufficiently mature. Children younger than 14 can have their preferences heard as well, but it will be up to a judge to decide how much weight to give a younger child's preference.
In order to be granted a no-fault divorce in the state of West Virginia, a couple must state grounds, or terms that qualify them for said divorce. The two no-fault grounds are: incompatibility and separate cohabitation (voluntary or involuntary) for at least a year.
