West Virginia Family Law Forms

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Family Law FAQ

What is family law? 

Family law consists of a body of laws related to domestic relations and family related issues. Family law deals with the nature of marriage, civil unions, and domestic partnership; issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and matters such as divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards.

What laws apply in family law? 

Family law matters are primarily governed by state laws. Laws on these topics vary from state to state. Interstate compacts, or agreements, exist to aid in cooperation among states in family laws matters, such as child support and adoption.

The Uniform Interstate Family Support Act (UIFSA) gives a state "long-arm" jurisdiction over a child support debtor even where the debtor is a nonresident. This is an exception to the normal rules of law where a court would not have jurisdiction over a nonresident. A state would have this jurisdiction, essentially, if one party or child resides in the state or if the parties agree to transfer continuing exclusive jurisdiction to another state.

The Interstate Compact on the Placement of Children (ICPC) is an interstate compact that has been enacted into law by all 50 states in the United States, and the District of Columbia. It controls the lawful movement of children from one state to another for the purposes of adoption. Both the originating state, where the child is born, and the receiving state, where the adoptive parents live and where the adoption of the child will take place, must approve the child's movement in writing before the child can legally leave the originating state. This Compact regulates the interstate movement of both foster children and adoptive children

Top Questions about West Virginia Family Law Forms

  • How to file for custody in West Virginia?

    When filing for custody in West Virginia, begin by gathering the necessary West Virginia Family Law Forms. Complete the custody petition carefully, ensuring you include all required information about you and your child. Next, file the petition with the family court in your area, then serve the other parent with a copy of the filed documents. This initiates the custody process and allows the court to schedule a hearing.

  • How do I write a family law declaration?

    To write a family law declaration, start with the title 'Declaration of Your Name' and include an introduction stating your relationship to the case. Present your facts in a logical order and use clear language for easy comprehension. Finally, ensure you sign and date the declaration, making it a formal document according to the West Virginia Family Law Forms specifications.

  • What not to write in an affidavit?

    When drafting an affidavit, avoid writing opinions or speculation, as affidavits require factual statements. Do not include irrelevant or personal information that does not pertain to the matter at hand. Additionally, steer clear of any language that could be seen as inflammatory. Sticking to the West Virginia Family Law Forms guidelines will help you focus on necessary facts.

  • What is the new child custody law in WV?

    The new child custody law in West Virginia emphasizes the best interests of the child, aiming to encourage shared parenting. This law focuses on ensuring both parents maintain significant involvement in their child’s life, recognizing the contributions of both. When navigating this law, familiarize yourself with pertinent West Virginia Family Law Forms to streamline your custody cases.

  • What is the format for an affidavit?

    The format for an affidavit includes a title at the top, typically stating 'Affidavit of Your Name.' Follow this with a statement declaring that you are providing sworn testimony. Organize the body into clear sections, each presenting a single fact or claim. Lastly, a signature and date should follow the closing statement, ensuring compliance with the West Virginia Family Law Forms.

  • How do I fill out a family member affidavit of residence?

    To fill out a family member affidavit of residence, start with the names and relationship to the family member for clarity. Provide accurate information regarding the address and duration of residence. It's crucial to ensure the details are truthful, as this affidavit serves as a declaration under the West Virginia Family Law Forms. Finally, have it notarized to affirm its authenticity.

  • How do I fill out a family law affidavit?

    When filling out a family law affidavit, ensure you begin with your contact information and confirm the court's name at the top. Clearly articulate the facts you need to present, using straightforward language to avoid confusion. Follow the required format as specified in the West Virginia Family Law Forms, and ensure you sign in front of a notary to validate your affidavit.

  • Do both parties have to agree to a divorce in WV?

    In West Virginia, both parties do not need to agree to a divorce. One party can file for divorce based on several grounds, including irreconcilable differences. This can simplify the process for those who seek a divorce despite a lack of mutual consent. Understanding the West Virginia Family Law Forms can guide you through the necessary filings.

  • How do you fill out an affidavit example?

    To fill out an affidavit example effectively, start by clearly stating your full name and address at the beginning. Next, describe the facts you are attesting to in a clear and concise manner. It is important to use simple language so anyone can understand your claims. After completing the statement, sign and date the affidavit, which will make it an official document under the West Virginia Family Law Forms.

  • At what age can a child refuse to see a parent in WV?

    In West Virginia, there is no specific age at which a child can unequivocally refuse to see a parent, but the child's feelings become more influential as they mature. Generally, courts consider the desires of children aged 14 and older more seriously. Parents should work towards amicable solutions to address the concerns of their children. Tools like West Virginia Family Law Forms can assist parents in navigating these delicate issues.