The West Virginia Petition for Expedited Modification is a legal document filed in the courts of West Virginia in order to speed up the process of modifying an existing court order. It is used to change an existing court order in an expedited manner due to a change in circumstances or a need for immediate action. This petition can be used to modify orders related to family law, child support, alimony, divorce, and other areas of the law. There are two types of West Virginia Petition for Expedited Modification: a Petition for Expedited Modification of Custody and Visitation Rights and a Petition for Expedited Modification of Child Support. Both petitions are used to request a modification of an existing court order, although the process for each is different. The Petition for Expedited Modification of Custody and Visitation Rights must be filed with a final hearing date in mind, and the Petition for Expedited Modification of Child Support must include a current copy of the existing child support order.
West Virginia Petition for Expedited Modification
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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.
A Petition for Modification can be filed at as often as necessary if there is a change of circumstances.
§51-1A-1. As used in this article: (1) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States.
Modification without showing of changed circumstances. (a) The court shall modify a parenting plan in ance with a parenting agreement, unless it finds that the agreement is not knowing and voluntary or that it would be harmful to the child.
ARTICLE 2A. (a) A family court in its discretion may, at any time during the pendency of any action prosecuted under chapter forty-eight of this code, restrict contact between the parties thereto without a finding of domestic violence under article twenty-seven of said chapter.
§51-2A-9. Sanctions must give the contemnor an opportunity to purge himself or herself. In selecting sanctions, the court must use the least possible power adequate to the end proposed. A person who lacks the present ability to comply with the order of the court may not be confined for a civil contempt.
§51-2A-10. The family court must enter an order ruling on the motion within thirty days of the date of the filing of the motion.
Any entire or part statewide day off designated by the Governor may, for all courts, be treated as if it were a legal holiday.