Complete Legal West Virginia Mediation Forms For Free

Unmarried Mother's Parental Rights in West Virginia If the parents are not married, the mother is usually given the primary custody rights automatically. This means the mother has complete authority to make minor and major decisions regarding the welfare of the child.

The West Virginia (WV) Legislature passed a bill during the 2022 session that establishes a new presumption regarding child custody in WV divorces. While the new WV child custody law will offer each parent a better chance of having shared custody, it does not eliminate the need for the legal custody process.

- 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 ...

West Virginia custody laws generally consider the preferences of children 14 and older to be well-reasoned and sufficiently mature. Children younger than 14 can have their preferences heard as well, but it will be up to a judge to decide how much weight to give a younger child's preference.

In the state of West Virginia, paternity gives a father the right to petition the court for custody or visitation of his child and makes fathers legally obligated to provide their child with financial support. These obligations and rights do not take effect until the child's paternity has been established.

Under West Virginia law, a grandparent of a child residing in West Virginia may apply for Court ordered visitation by filing a motion or petition with the Circuit Court or Family Court of the County where the child resides.