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In cases dealing with custody, the Family Court now has a presumption, or belief, that there should be 50/50 shared equal custody between parents. This means Judges will equally split custody 50/50 between parents. This new law does not create a substantial change in circumstances.
Grandparent Right to Adopt Grandparents can be considered for temporary custody, permanent custody, and adoption, as relevant. Isner Law Office can assist with all aspects of the adoption process for your grandchild.
West Virginia law protects a grandparent's right to visit with a grandchild in some situations. At the same time West Virginia law also protects the parent-child relationship from interference by grandparents.
The child may reside in a home that is not physically safe or supportive; it may have no heat, electricity, water, sewer disposal. The house may be in general ill repair. The second physical instability comes from the physical interactions that occur between family members.
Factors Judges Use to Determine if a Parent is Unfit The safety, health, and welfare of the child. Evidence of a history of abuse or violence against the child, another child, the child's other parent, or another romantic partner. A parent's history of substance abuse, including drugs and alcohol.
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The application for emergency custody may be on forms prescribed by the Supreme Court of Appeals or prepared by the prosecuting attorney or the applicant, and shall set forth facts from which it may be determined that the probable cause described above in this subsection exists.
If the parents are not married, most states have legislation stating that custody automatically goes to the mother. This is sole custody, and unless the father takes legal action with a West Virginia family lawyer to claim custody as well, he will not be considered a custodial parent.
"Abandonment" means any conduct by the birth mother, legal father, determined father, outsider father, unknown father or putative father that demonstrates a settled purpose to forego all duties and relinquish all parental claims to the child.
If arrangements for children cannot be agreed, or there are safety or other concerns at play, an application for a parenting order may need to be made to the Family Court. Grandparents are not eligible to apply for parenting orders as of right.
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.

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