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West Virginia Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for West Virginia on
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

James L. Arrasmith
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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 in Child Custody and Family Law for West Virginia on
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

James L. Arrasmith
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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

1 Answer | Asked in Child Custody and Family Law for West Virginia on
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

James L. Arrasmith
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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

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 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 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.

1 Answer | Asked in Child Custody for West Virginia on
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
Mr. David Thomas Pisarra
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...
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