The primary purpose of West Virginia`s family court systems in custody matters is to ensure that the custody order issued meets the “best interests of the child” standard. This standard states that judges must consider all the circumstances surrounding the child and each parent before making a final custody decision. The court also wants to ensure that the child`s life remains as stable as possible after the parents separate. West Virginia has a list of legal factors that are considered by the court when determining a custody decision. This list may include factors such as the age of the child, each parent`s living situation, a history of abuse or neglect by a parent, etc. While there is a legally required list of factors, there are other factors you need to consider depending on the particular circumstances of the case. Once the judge has ruled on a parenting plan and approved a final divorce decree, the final decision is submitted to the court clerk. Both parents are then required to comply with the approved custody order. If a parent wishes to change the plan, they must contact the court again to obtain approval for a court amendment. West Virginia uses the best interests standard to determine which parent should have legal and physical custody of the child. To determine a child`s best interests, the West Virginia court looks at the child`s primary care history, taking into account the physical and mental health of both parents and the child. The court considers the most suitable dwelling to serve as the child`s residence. They also determine which parent fosters a meaningful relationship between the child and the visiting parent.
Before making a final custody decision in West Virginia, the judge encourages parents to develop their own parenting plan that works for both them and the child. When creating this plan, parents must provide a number of details, including who the child will live with and at what times, how holidays, weekends, holidays, and school holidays will be shared, how decisions will be made regarding the child`s health, education, and religious upbringing, and how parents plan to resolve disputes over the custody agreement in West Virginia. If you already have a decision from a judge in another state on child custody, you`ll likely have to go back to that court if you try to change custody. The rules for this are complicated and you should talk to a lawyer about what you should do. When deciding on a move, the judge places the burden of proof on the parent who wishes to move. This parent must explain the reason for the move as well as the benefits the child will receive from the move. The other parent also has the opportunity to complain about the move. The judge`s task is then to assess the case, consider the best interests of the child and decide whether to approve or refuse the move.
In addition, the judge must consider the impact of the move on the current visiting schedule and changes to the current detention system in West Virginia. West Virginia lawmakers made some changes to the custody bill that went into effect on June 10, 2022. In custody cases, the family court now has a presumption or belief that there should be equal custody between the parents 50/50. This means that judges split custody equally 50/50 between the parents. This new law does not entail a significant change in circumstances. This means that it cannot be used as the sole reason to modify an existing parenting plan. West Virginia judges have a few options for awarding custody to parents in a divorce. One option is to give joint custody to both parents if they share the time the child lives with them – this is only an option if both parents demonstrate that they are able to provide for the child`s physical, mental and emotional needs. Another option is to grant sole custody to one parent and access to the other parent.
This visiting schedule is also determined by the judge and describes when visits are allowed on weekends, public holidays and school holidays. Unless otherwise provided by agreement or contrary to the best interests of the child, the court may award custody in such a way that the proportion of the time spent by the child with each parent corresponds to the time spent by each parent caring for the child before the separation of the parents, to the extent necessary to achieve one of the following objectives: In addition, the best interests of the child standard states that the court must do everything in its power to ensure that the child maintains a positive and loving relationship with both parents. In a custody decision, West Virginia judges consider that if a parent wants to challenge 50/50 custody, they must present evidence at their hearings. The evidence must show each of these types of behaviour. At the hearing, the judge will hear both parties and consider all the evidence and factors. The judge then decides which custody arrangement is best for the child. Once a custody decision has been made in West Virginia, either the parents made it or the judge ordered it, it becomes legally binding and both parents must follow what is described or face criminal charges. Generally, changes to a custody order cannot be made without court approval, but in some cases, changes must be made. If a situation arises where amendments need to be made to an existing agreement and the parents agree on the changes, they can go to court to have the amendment made. If it is in the best interests of the child, it is likely to be approved. Susan is a member of the California State Bar.
She received her J.D. from the University of California, Hastings College of Law in 1983 and practiced plaintiff assault law in California for 8 years. She has also taught civil procedure law in the paralegal program at Santa Clara University. She then taught English as a foreign language in the Czech Republic for eight years. Most recently, she taught English as a second language in public schools in Montgomery County, a suburb of Washington, D.C. Now she devotes her time to writing about legal and environmental issues. You can follow her on her LinkedIn page. In this article, we cover the legal and practical things parents need to know about custody in West Virginia, as long as they focus on the best interests of the child, parents can change the custody agreement between them.
