This is the Motion to Adopt Parenting Plan and should be filed along with parenting plan forms. The Proposed Parenting Plan is required for every West Virginia divorce that involves minor children.
West Virginia Motion to Adopt Parenting Plan
Category:
State:
West Virginia
Control #:
WV-SCA-FC-129
Format:
PDF
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Description
How to fill out West Virginia Motion To Adopt Parenting Plan?
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FAQ
1 attorney answer Although a child's wishes are one factor among many the court must consider in determining the child's best interests, a minor child never gets to "decide" which parent to live with.
13 ANSWERS The child can not dictate who he or she will live with. You will need to have your child's preferences considered through a Guardian ad Litem.
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child's opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it's not in 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.
What exactly is an unfit parent? 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.
Factors that can lead a court to deem a parent unfit include: Instances of abuse or neglect; Willing failure to provide the child with basic necessities or needs; Abandonment of the child or children; or.
Generally, it is considered to be better for the child to have as much consistency as possible. For this reason, among others, most courts will not make a change within a set time frame of the creation of the original custody agreement. This waiting period varies by state, but between one and two years is common.
In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
A Petition for Expedited Modification of Child Support can be used ONLY to ask the court to modify child support. If you want to ask the court to modify an order in any other way, such as change a Parenting Plan, or change spousal support, you must file a regular Petition for Modification (SCA-FC-201).