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.
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.
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.
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.
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.
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...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.