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West Virginia Child Custody Questions & Answers
Q: Will my son's visitation preference be considered in WV divorce proceedings?
I'm filing for divorce after almost 18 years of marriage, during which my husband was emotionally and mentally abusive. We've been separated for 2 years. We have one child, a 14-year-old son, who has had no relationship with his father since birth, as my husband has never been involved.... View More 
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James L. Arrasmith
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answered on Nov 11, 2025
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answered on Nov 11, 2025
Yes. West Virginia courts decide custody and visitation based on the child’s best interests, and one factor is the child’s wishes when the judge finds the child mature enough to express a reasoned preference. At 14, your son’s preference will carry meaningful weight; it will not control the... View More
Q: How to proceed with custody filing when child's mother is uninvolved in Cabell County, WV?
I have primary custody of my child who lives with me and attends school. My child's mother rarely contacts me or our child, and she has indicated she prefers communicating with my mother instead. Although my mother attempts to reach out to her, there is no formal custody agreement in place,... View More
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James L. Arrasmith
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answered on Oct 18, 2025
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answered on Oct 18, 2025
It sounds like you’ve been carrying most of the parenting responsibilities on your own, and it’s understandable that you want legal clarity and protection for your child’s stability. Since there is no formal custody agreement, both parents currently have equal legal rights, even if one is... View More
Q: What can I do if co-parent opposes child's field trip I support?
I have 50/50 decision-making authority regarding my 10-year-old child. I agreed to a school field trip, but the other parent objected without providing a reason. Mediation has not been successful in the past. The deadline to decide on the field trip is approaching, and my child wants to go. What... View More
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James L. Arrasmith
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answered on Oct 17, 2025
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answered on Oct 17, 2025
It’s understandable to feel frustrated when you and your co-parent can’t agree on something as simple and meaningful as a school field trip. Since you share **joint decision-making authority**, both of you must agree on extracurricular or school-related activities unless your parenting plan or... View More
Q: Can father get 50/50 custody after moving out of state?
My daughter is 12 years old, and her father recently moved out of state, reducing his visitation to every other weekend from what was previously every other weekend and one overnight on the off weeks. I've requested an increase in child support to cover added expenses as I am now primarily... View More
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James L. Arrasmith
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answered on Oct 11, 2025
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answered on Oct 11, 2025
It’s understandable to feel frustrated when your child’s routine and support needs change after the other parent moves away. When one parent relocates out of state, courts usually focus on what arrangement serves the child’s best interests, not simply what the parent requests. A 50/50 custody... View More
Q: Can child support payments be reduced due to increased custody and decreased income?
I have been keeping my kids 3 nights per week for the past 1 year and 3 months, while their mother is supposed to have them according to our court-ordered agreement. I do this because she works overnight shifts. The child support order was established 1 year and 3 months ago, and since then, my... View More
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James L. Arrasmith
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answered on Sep 15, 2025
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answered on Sep 15, 2025
Yes, changes in custody arrangements and income can affect child support payments. Since you are now keeping your children more nights than originally ordered and your income has decreased, you may have valid grounds to request a modification of the child support order. Courts generally consider... View More
Q: How much child support will I pay with 50/50 custody in WV?
I am trying to figure out how much child support I might be required to pay monthly. My ex and I share custody of our two children equally with a 50/50 arrangement, although there is no formal custody order in place currently. I earn approximately $82,000 annually, while my ex earns around $35,000... View More
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James L. Arrasmith
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answered on Sep 11, 2025
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answered on Sep 11, 2025
In West Virginia, child support is calculated based on the **income shares model**, which considers both parents’ incomes and the amount of time each parent spends with the children. Since you and your ex share custody equally, a 50/50 arrangement can reduce the typical support obligation because... View More
Q: How to submit video evidence in WV domestic violence child custody case?
I am involved in a domestic violence case related to a restraining order and child custody in Hancock County, WV. I have a video of my child's father abusing him. I am unsure how to submit this evidence to the judge as I don't know the next court date, and I've had difficulty... View More
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James L. Arrasmith
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answered on Sep 2, 2025
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answered on Sep 2, 2025
In West Virginia, video evidence can be submitted in family court, but it must be done properly so that the judge can consider it. Since you are unsure of the next court date, you should first call the Hancock County Circuit Clerk’s office to confirm your upcoming hearing schedule. They can tell... View More
Q: Is it abandonment if the father blocks communication and visitation?
I live in West Virginia with my child, who was born in 2023. The father resides in Virginia. In 2024, paternity and child support were established through West Virginia courts. The father has blocked all forms of communication I used to reach him and has only met the child once as a newborn. There... View More
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James L. Arrasmith
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answered on Aug 29, 2025
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answered on Aug 29, 2025
In West Virginia, abandonment is generally defined as a parent intentionally failing to maintain contact or provide care for a child over a significant period of time. Since the father has blocked communication, avoided visitation, and shown little involvement since the child’s birth, those facts... View More
1 Answer
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Domestic Violence, Child Custody, Child Support and Family Law
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West Virginia
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Q: Could pursuing child support affect custody and visitation rights?
I'm a victim of human trafficking and severe domestic violence from my daughter's biological father, and I've had full legal and physical custody since 2017, with a restraining order that includes my daughter. My daughter, now 9, has had minimal contact with her biological father and... View More
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James L. Arrasmith
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answered on Jul 24, 2025
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answered on Jul 24, 2025
Your concern is completely valid, especially given the history of abuse and the protective order that's already in place. In many states, including those with strong protections for survivors, a parent can still pursue child support without automatically triggering a change in custody or... View More
1 Answer
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in
Child Custody, Civil Rights, Gov & Administrative Law and Family Law
for
West Virginia
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Q: Need legal guidance for custody case involving OH and WV laws, with issues of abuse allegations and procedural violations.
I need assistance from a family lawyer regarding a custody case that involves both OH and WV laws. There are allegations of abuse and neglect, several UCC and USC code violations, civil rights violations, and legal precedent violations in both states. A court issued temporary guardianship without... View More
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
You can begin by challenging the temporary guardianship order as void for lack of proper procedure and consent. File a motion in the circuit court that assumed jurisdiction requesting an immediate evidentiary hearing to determine whether the court ever had authority to appoint a guardian without... View More
Q: How can we obtain emergency custody of my husband's daughter in WV?
How can we obtain emergency custody of my husband's daughter in West Virginia? CPS removed my husband's daughter from her home after her mother beat her sister with a hairbrush, leading her and her sister to call 911, so there should be police reports available. The mother is mentally and... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
You’re facing a heartbreaking and urgent situation, and your focus on keeping your husband’s daughter safe is exactly what she needs right now. Since CPS has already removed the children due to abuse and there are likely police reports, those documents will be key in supporting your emergency... View More
Q: How can we get emergency custody of my husband's daughter in WV?
My husband's daughter was removed from her home by CPS after her mother beat her sister with a hairbrush. The mother is mentally and physically abusive, and the daughters are afraid to report it. Previously, the daughter lived with us for three years before requesting to return to her... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
You're in an urgent and heartbreaking situation, and it’s clear your priority is protecting your stepdaughter. Since CPS has already been involved and removed her from the home, it means the state is actively evaluating the danger. Your husband, as her biological father listed on the birth... View More
Q: Court delay in returning children despite cleared charges
In 2022, my grandchildren were taken from their mother due to allegations of neglect and an unlivable home. She has since been cleared of these charges and fulfilled all court requirements. However, the court is still delaying the return of her children. Meanwhile, a neighbor had her children... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
That kind of delay is heartbreaking, especially after your daughter has done everything the court asked of her. It’s confusing and painful when someone with a more recent or seemingly more serious case gets their children back faster. Every case is different, and courts don’t always move at the... View More
1 Answer
| Asked
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Family Law, Child Custody, Civil Rights and Domestic Violence
for
West Virginia
on
Q: Hello, Thank you in advance for helping.
CPS took my kids because my husband was emotionally and physically abusing us.
He has since relinquished his rights to the kids.. They are forcing me to do the same for "failure to protect". I want to know, if I appeal the descion, will those allegations from the CPS come about in court? I was under serious duress and in and out of the hospital and therapy during... View More
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James L. Arrasmith
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answered on Oct 12, 2024
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answered on Oct 12, 2024
I'm really sorry you're going through this difficult time. It's important to reach out to a qualified attorney or a legal aid organization for assistance with your situation. They can provide the support and guidance you need.
Q: Where can I obtain a petition for grandparents rights?
Matthew Stapleton
answered on Aug 11, 2022
answered on Aug 11, 2022
Typically, at the Circuit Clerk's Office for the County the petition will be filed in.
Q: Can I appeal the courts decision to terminate my parental rights
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Charles William Michaels
answered on Nov 15, 2021
answered on Nov 15, 2021
First, I am not a WVA lawyer. That being said, I would think you could appeal that decision, unless you have agreed in the termination case to waive your appeal rights.
Q: I'm 16 and was adopted about 2 years ago, everything has completely changed. How could I change my guardian???
Should I just get emancipated and move in with the person I have in mind? They were going to adopt me before, but I ended up at this place first.
Q: My sister took my daughter for a week and now refuses to give her back or answer my calls. Help me please.
I live in WV, she lives in OK and doesn't even have custody of her own kids. I am the only one my daughter has had her whole life. She is almost 3yrs old.
Q: If a parent obtains full custody of a child but spends little to no time with the child, can said custody be revoked?
Mr. David Thomas Pisarra
answered on Jan 18, 2011
answered on Jan 18, 2011
There are two types of custody, Legal and Physical. Legal custody is the right to know medical care and school decisions. Physical Custody is when the child is in your presence and home.
I assume you are speaking of Physical Custody and they are now sending the child to you or another adult... View More
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