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West Virginia Family Law Questions & Answers
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.

1 Answer | Asked in Family Law for West Virginia on
Q: should i be worried about going to jail. my child support is behind

I had a child and some health problems which stopped me from working. Im getting ready to start work as soon as my doctor clears me for work, but I have a court date coming up and am scared I might go to jail before I get a chance to work.

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

You have a legal obligation to pay child support. You are at risk of being held in contempt if you do not comply with the order. In West Virginia, if you are more than $7,000.00 in arrears, then you are guilty of a felony.

1 Answer | Asked in Family Law for West Virginia on
Q: At what age can a child choose whitch parent they want to live with?
William S. Adams
William S. Adams
answered on Feb 11, 2012

In West Virginia, Code Section 48-9-402 provides that a court may modify custody to accommodate the reasonable and firm preferences of a child who has attained the age of 14. Thus, if the child has a clear preference to reside with one parent and can articulate a rational reason for that... View More

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