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Commonly Asked Questions about West Virginia Family Law Forms

If the parents cannot agree, the judge starts with a fifty-fifty (50/50) schedule. If either parent has a reason the other should not have equal time with the children, that parent must submit an Individual Parenting Plan explaining why.
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.
A family court final order shall contain language explicitly informing the parties (1) that it is a final order; (2) that any party aggrieved by the final order may take an appeal either to the intermediate court of appeals or directly to the supreme court of appeals under West Virginia Code 51-2A-15; (3) that an
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.
The best interest of the child standard has long been in use by WV courts while determining custody. While this hasnt changed, the new law instructs judges to presume that a 50/50 custody split is in the childs best interests.