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West Virginia Family Law Questions & Answers
0 Answers | Asked in Family Law, Criminal Law, Appeals / Appellate Law and Child Custody for West Virginia on
Q: I signed my rights to my daughters father over during my neglect case, where my son passed away in the care of my ex...

Well now my daughter has been taken into cps custody and I need advice one what I need to do. My court appointed lawyer hadn't answered the phone the past 3 years, now he's about to be the judge for circuit court in my county and says I need to find a new lawyer and that it may not even... View More

0 Answers | Asked in Family Law for West Virginia on
Q: Should I respond to my son’s father with suspended parental rights?

My son’s father had his rights suspended in 2022 for failing to show up for supervised visits and court. He just recently got out of jail in September and in the last week he has been constantly messaging me. He has never been consistent with our son. He normally goes 6-9 months without any contact.

0 Answers | Asked in Family Law and Child Custody for West Virginia on
Q: if my rights were terminated can i get them back

My rights were terminated from my daughter because of child neglect resulting in the death of my son at the hands of my ex. i was sentenced 1-5 and my ex got a life sentence. i was at work. My daughter has been living with her dad and cps took her today. theres accusations of abuse. i am court... View More

0 Answers | Asked in Child Custody and Family Law for West Virginia on
Q: How do I get a good specialized lawyer for a custody battles for men in moundsville wv

I in financial crisses with no income and in need of serious help

0 Answers | Asked in Family Law for West Virginia on
Q: If my mom is in a situation where she is mentally incapable how can I fight to get power of attorney

My mom has dementia and gave my sister power of attorney but my sister is a drug user and now she is trying to sell the property. She is not the owner of the land. What can I do about this.

1 Answer | Asked in 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

James L. Arrasmith
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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.

1 Answer | Asked in Family Law, Adoption and Civil Rights for West Virginia on
Q: Need lawyer who can get a court order for an older male for a delayed birth certificate. I have most records needed

I have most of the records needed except for one, and that is a place of birth. I have three records of his name dat of birth but only two for a place of birth. He was born in Williamson WV. I am in Tennessee and cannot go to West Virginia.So I need someone that can help over the phone

James L. Arrasmith
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answered on Aug 31, 2024

You may want to contact a lawyer who is experienced in handling cases involving delayed birth certificates. Many lawyers are willing to work with clients remotely, especially if you're unable to travel to West Virginia. They can guide you on how to gather any remaining necessary documents and... View More

1 Answer | Asked in Family Law, Personal Injury and Medical Malpractice for West Virginia on
Q: My sister switched my dad's Hernia mesh lawsuit to her name, I took care of him, he passed will she get it all
D. Michael Burke
D. Michael Burke
answered on Sep 2, 2024

Not in West Virginia. Your sister apparently was appointed the Administratrix (the female version of an administrator) of your father's estate, or was named the executrix of his will. Her job is to act on behalf of his estate, and as one of his beneficiaries, you are entitled to make a claim... View More

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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