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West Virginia Family Law Questions & Answers
0 Answers | Asked in Family Law and Domestic Violence for West Virginia on
Q: How does a no contact order get dropped when I wasn't the person who obtained the order? It was part of my husbands bond

He's already went to court. He's in jail waiti g to go on home confinement. The judge told me to go to circuit court/ Family Court to have it dropped. There's no record of it there. What will the procedure be to get it dropped?

0 Answers | Asked in Employment Law, Family Law, Tax Law and Child Support for West Virginia on
Q: Is there anything that can be done if a child was working long hours without a contract or taxes in a family business?

I was 14-18 when I was working for my family business I am 27 years old now and I just want to see if this is ok or acceptable

0 Answers | Asked in Elder Law and Family Law for West Virginia on
Q: Who is responsible to care for an elderly parent with Dementia and no spouse.

My wife and myself care for my wife's mother. She has Dementia and requires 24 hour care. There are four other siblings but they refuse to help. My wife had to quit her job to care for her Mom and we have lost all that income. It's been two years without a break. Can I force the other... View More

0 Answers | Asked in Child Custody and Family Law for West Virginia on
Q: Can I modify custody?

My ex husband is currently dating and living with a woman convicted of deadly conduct with a firearm felony. We live in WV. She was sentenced to ten years in jail but took a plea to serve five years probation, which ended October 2023. He has stated things such as she would be babysitting our five... View More

0 Answers | Asked in Family Law, Child Custody and Child Support for West Virginia on
Q: Where can I get free legal representation, that isn't "legal aid"?

Legal aid of West Virginia is already representing my ex and will not take me in as a client, and I need help for my hearing on July 30 th

1 Answer | Asked in Estate Planning, Family Law and Probate for West Virginia on
Q: At what point in a second marriage do both spouses have joint home ownership?

Wife owned her home with mortgage paid in full upon our marriage 11 years ago. Since then we have jointly paid the property taxes, home upkeep, maintenance, and each contributed over $40,000 in home upgrades. Is the husband entitled to joint ownership? If so, can he be legally placed on the... View More

Anthony M. Avery
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answered on Jun 11, 2024

As a married individual, you do not own real property until you are a grantee on a deed, or either the heir or will devisee of a deceased spouse.

1 Answer | Asked in Real Estate Law, Divorce and Family Law for West Virginia on
Q: Divorced ‘09 ex’s lawyer wants my signature to take my name off deed to sell all mineral rights. A) will I owe taxes

B) if we agreed in divorce that he’d get the house (before any mineral rights existed) am I entitled to any money from the sale when I’m still on deed?

Anthony M. Avery
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answered on Oct 20, 2023

Probably not as the DV decree will revest all rights in that real property to one of the parties. You might be able to reopen the DV. Consult with at WV attorney who will need to look at the DV file, search the title, and examine WV marital property distribution, especially mineral rights. If... View More

1 Answer | Asked in Family Law for West Virginia on
Q: How to create a legally binding document that would assign ownership to a house during separation

My boyfriend and I have been together for over 6 years and now own 2 homes together. I am on the deed for both, but only the mortgage for 1. We would like to create a legally binding agreement that if either if us decide we want to separate that a quit claim would be filed for both houses to assign... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2023

The simple answer to your question is yes, it can be done. This falls within the family law area and any family law lawyer in your area (I'm in California so I can't do it) should be able to draft an appropriate agreement for you.

1 Answer | Asked in Family Law and Child Custody for West Virginia on
Q: Where can I obtain a petition for grandparents rights?
Matthew Stapleton
Matthew Stapleton
answered on Aug 11, 2022

Typically, at the Circuit Clerk's Office for the County the petition will be filed in.

1 Answer | Asked in Family Law for West Virginia on
Q: Should I file a response in Circuit Court after being served papers to terminate guardianship of my grandson?
Matthew Stapleton
Matthew Stapleton
answered on Aug 11, 2022

Yes, you should always respond appropriately after being served Court papers. If not, you could lose by default.

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for West Virginia on
Q: Can I appeal the courts decision to terminate my parental rights
Charles William Michaels
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Charles William Michaels
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.

0 Answers | Asked in Family Law for West Virginia on
Q: can a couple get married in more than 1 state

My husband just found his Biological dad and is giving the man the respect of carrying his name. the state we were married in will not recognize his name change and change our marriage license. is it illegal to get married to the same person in more than 1 state?

0 Answers | Asked in Family Law, Adoption and Child Custody for West Virginia on
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.

0 Answers | Asked in Criminal Law, Family Law and Child Custody for West Virginia on
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.

1 Answer | Asked in Family Law for West Virginia on
Q: Whats the chances of moving to Alaska from West Virginia with a child?
June Marie Marshall
June Marie Marshall
answered on Aug 7, 2017

It depends on the custody order. Is it from Maryland? Generally, if one parent wants to move out of state, he or she have to get permission from the other parent to move out of state. Since the child is in West Virginia, you may want to talk a West Virginia attorney to get more information.

1 Answer | Asked in Child Support and Family Law for West Virginia on
Q: I have children 4 children that I pay child support to in WV, I live in Ohio. Now 2 of the kids (15 &18) are both living

with me in Ohio. And the younger 2 (12 & 7) are living with ex-wife in WV. Do I have to petition the WV court to have support reduced or can that be done in OH?

R. Scott Patterson
R. Scott Patterson
answered on Jul 29, 2017

Ordinarily you would petition the court that issued both the custody and support orders, particularly since WV is close to OH. That would be the cleanest way of getting eveything done at one time. It would be unlikely that a court would modify the child support unless you had legal as well as... View More

1 Answer | Asked in Tax Law and Family Law for West Virginia on
Q: I have a newborn baby and me an my boyfriend are 17 living with his parents are they aloud to file there taxes on

Me an my baby Without legal guardian ship in wv

D. Mathew Blackburn
D. Mathew Blackburn
answered on Dec 15, 2016

You parents may list you, and/or your baby, and/or your boyfriend on their return as dependents if any of you are dependents according to the IRS. The test is presented in publication 501 and can be found here: https://www.irs.gov/publications/p501/ar02.html.

For relatives the test is:...
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1 Answer | Asked in Family Law for West Virginia on
Q: how do I write an objection to family court in wv on a dismissal for failure to appear ? The date just came and went .
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 13, 2015

It might be a motion to set aside the default you need. Go see a local attorney about this.

1 Answer | Asked in Family Law and Juvenile Law for West Virginia on
Q: My 18 year old son has a 8 month old daughter with a 17 year old girl. Can the girl agree to custody and visitation.

The maternal grandmother says because the babies mother is a minor that she would be the one talking to the judge. The maternal grandma is trying to call all the shots.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 11, 2015

I don't know specifically how it works in West Virginia, but in many places a guardian ad litem (or attorney ad litem) would be appointed to represent the interests of the mother under these circumstances.

1 Answer | Asked in Family Law for West Virginia on
Q: Custody for 9 year old little boy , I've been taken care of for 7 months now

My Husband & I have Been taking care of my cousins 9 year old for almost 7 months. The father just recently got released from jail after nearly 4 years. He has seen the child 1 time since His release date. The mother is willing to sign her rights over to my husband and I. Is she able to do so... View More

Seth S. Gaskins
Seth S. Gaskins
answered on Jul 6, 2015

You should sit down with an experienced family law attorney. You are talking about filing for custody of the child. These cases can be complex.

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