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Commonly Asked Questions about West Virginia Legal Forms

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.
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.
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.
Many couples are able to get an uncontested divorce without hiring lawyers. However, it might be a good idea to have an attorney at least review your settlement agreement to make sure that it covers all the bases and protects your rights.
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.
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.
In West Virginia, you can get a no-fault divorce or a fault-based divorce. A no-fault divorce is when you file for divorce without saying that your spouse is responsible for the end of the marriage because: you allege that there are irreconcilable differences;1 or.
- An order removing a child from his or her home and placing the child in the custody of the Department must state (1) that there is reasonable cause to believe that the child is in imminent danger; (2) that continuation in the home is contrary to the welfare of the child, setting forth the reasons; (3) whether the