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The answer, as already mentioned, is yes. Unwed fathers have custody and visitation rights, as do unwed mothers. There tends, however, to be a bias in favor of mothers in cases involving unwed couples, whether they had a long-term relationship or not.
There Is No "Full Custody" In West Virginia Neither parent gets full custody or legal custody. Rather, the parties share in providing homes for the children, in two separate homes, and thereby allocate custodial responsibility. Every situation is different.
What exactly is an unfit parent? 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.
In West Virginia, paternity is what gives a father the right to request custody and visitation with his child. And once paternity is established, the father is legally obligated to provide financial support to his child.
West Virginia's custody laws don't favor mothers over fathers when awarding custody. Rather, a child's best interests will determine the outcome of your case.
In Virginia, there is no presumption in favor of mothers in custody and visitation cases. In fact, judges determine custody by taking into account the best interests of the child as opposed to a parent's desires. This means that fathers have an equal right to gain custody of their children.
Parents are protected procedurally in a few ways by the West Virginia Child Protective Services Act. First, parents have a right to counsel. Second, parents have a right to an improvement period in which they can show that they are parents who will not harm their children.
In West Virginia, parents are free to reach their own agreements regarding custody as long as their agreement meets the child's needs. When parents can't agree, a judge will design a custody arrangement that serves the child's best interests.
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 all cases where a child is born to unmarried parents, it's important to establish "paternity," which refers to the legal relationship between a father and his child. In West Virginia, paternity is what gives a father the right to request custody and visitation with his child.