West Virginia Parental Relocation Notice

State:
West Virginia
Control #:
WV-SCA-FC-130
Format:
PDF
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Description

Parental Relocation Notice

How to fill out West Virginia Parental Relocation Notice?

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FAQ

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.

Most court orders prevent a move without Notice to the other party. Also the non-custodial has the absolute right to know where the child lives.

One parent does have the right to try and stop the other from moving and may seek a court order from the court to prevent it from happening. Such an order would prevent the child from being moved until the court has considered the case.

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.

Stopping a custodial parent from moving away with your child usually requires invoking the court with appropriate jurisdiction over your case. You will likely need to file a motion arguing that the move constitutes a material change of circumstances and/or that the move away is not in the child's best interests.

Cope ahead. Before you prepare to relocate, talk to your child about what the move will be like, and what challenges might occur during the process of relocation. Communicate. Establish a routine. Make new friends, but keep the old. Collaborate with the new school. Stay positive.

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.

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

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.

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West Virginia Parental Relocation Notice