West Virginia Motion for Supervised Visitations

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Supervised visitation may be ordered by a court where the non-custodial parent:


" has a drug or alcohol abuse problem;

" has had trouble controlling anger;

" may have been involved in inappropriate sexual behavior with the child;

" engaged in child abuse, neglect or abandonment;

" engaged in domestic violence;

" has a mental illness;

" has a substance abuse problem; and/or

" as a criminal history.


The above list is not exhaustive, but gives examples of situations where a court might order supervised visitation.


Supervised visitation often takes place in a neutral location under the supervision of paid staff. An adult other than the custodial parent must be present at all times during the visit. The adult may be known or unknown to the child, and may be someone agreed upon by the parents or appointed by the court. In any case, the adult must be approved by the court ordering the supervised visitation.


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.

West Virginia Motion for Supervised Visitation is a legal document filed by a party involved in a child custody case requesting the court to order supervised visitations between a non-custodial parent and their child. This motion aims to protect the child's best interests when there are concerns about the non-custodial parent's ability to provide a safe and appropriate environment during visitation. In West Virginia, there are different types of motions for supervised visitations, including: 1. Limited Supervised Visitation: This type of motion is filed when the non-custodial parent's visitation rights need to be restricted and supervised due to concerns such as abuse, neglect, substance abuse, mental health issues, or a history of violence. The court may appoint a neutral third party or a professional supervisor to oversee visitations and ensure the child's safety. 2. Therapeutic Supervised Visitation: This motion can be filed when a child has special needs or requires therapeutic interventions during visitation. The court may order a qualified therapist or counselor to supervise visitations and facilitate activities that promote the child's emotional and psychological well-being. 3. Reunification Supervised Visitation: This type of motion is often filed when there has been a significant estrangement between the non-custodial parent and the child. It aims to facilitate the reunification process by gradually reintroducing the non-custodial parent under supervised conditions. The court may outline a specific plan and set requirements for the supervised visitations to ensure the child's safety and prioritize the parent-child relationship. 4. Indefinite Supervised Visitation: In cases where substantial concerns persist or if the court has determined that unsupervised visitations may endanger the child's welfare, a motion for indefinite supervised visitation can be filed. The court may order ongoing supervision until the non-custodial parent can demonstrate significant improvements in their behavior and ability to provide a safe environment. It is crucial to consult with an attorney experienced in family law and child custody matters to properly draft and file a West Virginia Motion for Supervised Visitation. This document should outline the reasons for seeking supervised visitations, provide supporting evidence or witness statements to substantiate these concerns, and propose a suitable supervision arrangement that ensures the child's well-being.

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How to fill out West Virginia Motion For Supervised Visitations?

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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.

Each visit typically lasts 90 minutes, and they usually happen once per week. Supervised visits almost always take place on evenings or weekends. When the parent has successfully completed a certain number of supervised visits, the court may allow him or her increasing amounts of unsupervised visitation.

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.

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 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.

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.

The Judge's Role under the New WV Child Custody Law Under the new law, judges must approach a custody dispute with the presumption of 50-50 custody. However, they are not required to award shared custody and may allow the circumstances of the situation to dictate who gets custody in a WV divorce.

(1) A parent who has been exercising a significant majority of the custodial responsibility for the child should be allowed to relocate with the child so long as that parent shows that the relocation is in good faith for a legitimate purpose and to a location that is reasonable in light of the purpose.

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Sep 26, 2018 — ... The children must have previously been in the custody of the West Virginia Department of Health and Human Resources (the Department or child. SUPERVISED TRANSFERS​​ Transfer of the children from one parent to another should be supervised. (If you checked this box, you must complete the next item.)To do this, mail copies of your Motion, Plan, and Worksheet to the other parent by first class mail, complete a Certificate of Service form, and file the ... Aug 18, 2023 — You must file your petition in the county where the child lives. ... file in that pending Family Court case for a grandparent visitation order. (c) Motions or petitions for grandparent visitation shall be filed and heard in the family court except when an abuse or neglect proceeding involving the child ... W. Va. R. Proc. Child & Neg. Proceed. 15 ... The court shall assure that any supervised visitation shall occur in surroundings and in a safe place, dignified, and ... Jun 2, 2023 — You need to inform the court that you want supervised visitation and explain why, as well as provide any evidence you have. For instance, if you ... Introduction. Defining the right to visitation, communication, and interaction under guardianship is an important issue in elder and disability rights law. Oct 18, 2019 — o If you have specific things you need on a temporary basis, you should file a Motion for Temporary Relief (available at the Circuit Clerks. Oct 15, 2013 — ... file their certificate of completion with the county circuit court clerk. Any of the following people can file a petition to establish paternity ...

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West Virginia Motion for Supervised Visitations