West Virginia Motion for Visitation at a Supervised Visitation Center

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Multi-State
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US-03344BG
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Description

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.

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FAQ

Legally, children cannot refuse visitation with a parent until they turn 18 years old. While you are not required to physically force your child in your car to go to a visitation session, you are responsible for facilitating parenting time with your spouse or partner if at all possible.

The Best Interests of Child Protection Act of 2022 amends WV Code to include a presumption that equal child custody should be the starting point in WV custody cases.

The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

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.

When this is ordered, a parent is only allowed to see his children in the presence of a ?supervisor.? This person plays the role of supervising the visitation sessions to ensure that the non-custodial parent's behavior is appropriate. In some cases, the parents are allowed to pick the supervisor.

Unless a court determines that visitation with a noncustodial parent is not in the best interests of the child, visitation by a noncustodial parent cannot be denied, suspended, or restricted by a custodial parent.

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.

West Virginia Legislators have made a few changes to custody law that started on June 10, 2022. In cases dealing with custody, the Family Court now has a presumption, or belief, that there should be 50/50 shared equal custody between parents. This means Judges will equally split custody 50/50 between parents.

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West Virginia Motion for Visitation at a Supervised Visitation Center