West Virginia Family Law Questions & Answers

Q: Whats the chances of moving to Alaska from West Virginia with a child?

1 Answer | Asked in Family Law for West Virginia on
Answered on Aug 7, 2017
June Marie Marshall's answer
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.

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

1 Answer | Asked in Child Support and Family Law for West Virginia on
Answered on Jul 29, 2017
R. Scott Patterson's answer
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 physical custody of the older children.

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

1 Answer | Asked in Tax Law and Family Law for West Virginia on
Answered on Dec 15, 2016
D. Mathew Blackburn's answer
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:

1. The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.

2. The child must be...

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 .

1 Answer | Asked in Family Law for West Virginia on
Answered on Oct 13, 2015
Robert Jason De Groot's answer
It might be a motion to set aside the default you need. Go see a local attorney about this.

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.

1 Answer | Asked in Family Law and Juvenile Law for West Virginia on
Answered on Sep 11, 2015
Terrence H Thorgaard's answer
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.

Q: should i be worried about going to jail. my child support is behind

1 Answer | Asked in Family Law for West Virginia on
Answered on Jul 6, 2015
Seth S. Gaskins' answer
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.

Q: Custody for 9 year old little boy , I've been taken care of for 7 months now

1 Answer | Asked in Family Law for West Virginia on
Answered on Jul 6, 2015
Seth S. Gaskins' answer
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.

Q: At what age can a child choose whitch parent they want to live with?

1 Answer | Asked in Family Law for West Virginia on
Answered on Feb 11, 2012
William S. Adams' answer
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 preference, a court will give significant deference to that child's preference, barring some demonstration of the other parent being unfit, neglectful, or abusive. I suggest that you contact a West Virginia...

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