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Likewise, failure to provide for a child's basic needs like food, clothing, shelter, medical care, an education, and the like are considered to not be in a child's best interests. If a parent fails to provide or facilitate these resources, they are generally as not acting in the child's best interests.
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.
"Best interests" determinations are generally made by considering a number of factors related to the child's circumstances and the parent or caregiver's circumstances and capacity to parent, with the child's ultimate safety and well-being the paramount concern.
Right To Freedom From Warrantless Search And Seizure CPS is like any other law enforcement agency. They cannot come into your home without a warrant, whether they are alone or with the police/law enforcement. If you give them permission to enter your home, you are also giving permission for them to collect evidence.
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.
West Virginia has reciprocal agreements with Kentucky, Maryland, Ohio, Pennsylvania and Virginia. If you are a West Virginia resident working in one of these states, and your employer withheld the other state's income tax, you must file for a refund from that state.