West Virginia Legal Documents - Page 2

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Commonly Asked Questions about West Virginia Legal Documents

Who has custody of a child when the parents are not married in WV?

Who has the right to custody of a child? Unless there is a court custody order, both parents of a child have equal rights to physical possession of a child. This is true even if the parties are not married to each other.

How do I file for visitation rights in WV?

You should file this Petition in the Family Law Master Court or Circuit Court of the county where the child or the other parent lives, if the child has not lived in West Virginia for the last six months you should call a lawyer to be sure where to file these papers.

Is West Virginia a legal state?

Lincoln signed the bill admitting West Virginia to the Union, on December 31. On March 26, 1863, West Virginia ratified the revised constitution to include the gradual emancipation of slaves. President Lincoln proclaimed that West Virginia would officially be recognized as a state on June 20, 1863.

At what age can a child refuse visitation in West Virginia?

Theres no set age when a child can refuse visitation. Rather, parenting time and visitation schedules are designed with a childs interests in mind and are meant to foster a relationship between the child and both parents. Each parent is obligated to encourage visitation between the child and other parent.

Can a parent deny a grandparent visitation in WV?

Courts give considerable deference to a fit parents own preference on the matter of grandparent visitation which means a Court is not likely to intervene in a fit parents decision. Further, West Virginia law creates a rebuttable presumption against such visitation if the parent is fit.

How long does a parent have to be absent to lose rights in WV?

The parental rights of the parent to another child have been terminated involuntarily. A parent whose child has been removed from the parents care, custody, and control by an order of removal voluntarily fails to have contact or attempt to have contact with the child for 18 consecutive months.

How do I get court records in West Virginia?

Users are instructed to call or visit the magistrate court clerk in the county where a case is filed to obtain copies of specific court records. The clerk will charge a nominal fee required by law. The search system helps callers and visitors to know what to ask for and which county they need to contact.