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West Virginia Family Law Questions & Answers
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
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 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... Read 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:

For relatives the test is:...
Read more »

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: 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: 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... Read 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: 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... Read more »

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