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In all cases where a child is born to unmarried parents, it's important to establish "paternity," which refers to the legal relationship between a father and his child. In West Virginia, paternity is what gives a father the right to request custody and visitation with his child.
The answer, as already mentioned, is yes. Unwed fathers have custody and visitation rights, as do unwed mothers. There tends, however, to be a bias in favor of mothers in cases involving unwed couples, whether they had a long-term relationship or not.
Parents are protected procedurally in a few ways by the West Virginia Child Protective Services Act. First, parents have a right to counsel. Second, parents have a right to an improvement period in which they can show that they are parents who will not harm their children.
In some instances, kids 12 and above are developmentally ready to make their own medical decisions, like for vaccines or receiving recommended healthcare treatments where there are harmful consequences if they do not receive them, she told Healthline.
Child custody laws in West Virginia direct judges to take into account the strong preferences of any child over the age of 14 about which parent to live with, as well as of any child under 14 who has a strong stated preference but can intelligently express a voluntary preference for one parent. However, this
West Virginia's custody laws don't favor mothers over fathers when awarding custody. Rather, a child's best interests will determine the outcome of your case.
In Virginia, there is no presumption in favor of mothers in custody and visitation cases. In fact, judges determine custody by taking into account the best interests of the child as opposed to a parent's desires. This means that fathers have an equal right to gain custody of their children.
We are often contacted by parents asking at what age children can decide for themselves where they will live after a divorce or separation. There are lots of articles on the internet about this, and a good number suggest that at a certain age e.g. 10, 12 or 16, a child can make their own decision. This is not the case.
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.