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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.
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.
- An order removing a child from his or her home and placing the child in the custody of the Department must state (1) that there is reasonable cause to believe that the child is in imminent danger; (2) that continuation in the home is contrary to the welfare of the child, setting forth the reasons; (3) whether the ...
§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 CHILDREN10001822771050191291110020030419 more rows
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.
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.
A magistrate may issue a medical emergency custody order if an adult has an illness or injury that is likely to result in imminent and irreversible harm and refuses transport to a hospital or other emergency treatment and, as a result of illness or injury, is incapable of giving informed consent to medical treatment.
(2) Fails to visit or otherwise communicate with the child when he or she knows where the child resides, is physically and financially able to do so and is not prevented from doing so by the person or authorized agency having the care or custody of the child: Provided, That such failure to act continues uninterrupted ...