ADDRESS CONFIDENTIALITY PROGRAM. (k) "Modification" means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. (c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3. The application for the warrant must include the statements required by subsection 20-308(b). (c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state. West Virginia uses the best interests of the child standard to determine which parent shall have legal and physical custody of the child. The authority to retain a child in protective custody in a hospital as requiring emergency medical treatment shall terminate by operation of law upon the happening of either of the following events, whichever shall first occur: (1) when the condition, in the opinion of the physician, no longer required emergency hospitalization, or (2) upon the expiration of ninety-six hours from the initiation of custody, unless within such time, a petition is presented and a proper order obtained from the circuit court. In those cases, the objective allows a parent to flee an abusive situation and seek emergency temporary custody either within the state having jurisdiction or another state. (b) If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished. UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT. A copy of a certified copy of an order may be attached instead of the original. There are a variety of ways to prove a mother or father is an unfit parent, as it will depend on the specific situation you are in. At the end of the process, the court will award legal and/or physical custody to a parent, or to both. Proceedings governed by other law. The children for which such an order is sought must be present within the state in order for a court to authorize an emergency custody … Taking testimony in another state. West Virginia Custody Hearings Child custody courts will generally honor custody agreements that separating parents are able to come up with their own. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 20-201 through 20-203, inclusive, of this article, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child. Enforcement of registered determination. (b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. ENFORCEMENT OF SUPPORT ORDER THROUGH ACTION AGAINST LICENSE. §48-20-103. If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under part (2) of this article, the enforcing court shall immediately communicate with the modifying court. ARTICLE 31. (b) Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under article three of this chapter. (b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may: (1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement; (2) Enjoin the parties from continuing with the proceeding for enforcement; or. The court may extend the date of hearing at the request of the petitioner. developed and implemented in West Virginia in 2009 and 2010. Application to Indian tribes. The West Virginia courts prefer a joint custody arrangement which allows the child access to both parents. ARTICLE 20. (3) The person contesting registration was entitled to notice, but notice was not given in accordance with the standards of section 20-108 in the proceedings before the court that issued the order for which registration is sought. BUREAU FOR CHILD SUPPORT ENFORCEMENT. Appearance and limited immunity. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination. WV EMERGENCY INFO has 37,275 members. The authority to hold such child in protective custody as abandoned, absent a petition and proper order granting temporary custody pursuant to section three of this article, shall terminate by operation of law upon the happening of either of the following events, whichever shall first occur: (1) the expiration of ninety-six hours from the time the child is initially taken into protective custody, or (2) the expiration of the circumstances which initially warranted the determination of abandonment. The term includes a permanent, temporary, initial and modification order. (b) If a court of this state makes an order under subdivision (2), subsection (a) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in part 2 of this article. ARTICLE 14. (e) A warrant to take physical custody of a child is enforceable throughout this state. (b) A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 20-201. DOMESTIC VIOLENCE FATALITY REVIEW TEAM. (a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (1) A visitation schedule made by a court of another state; or. (b) The court shall award the fees, costs and expenses authorized under section 20-312 and may grant additional relief, including a request for the assistance of law-enforcement officials, and set a further hearing to determine whether additional relief is appropriate. 2020 West Virginia Court System - … §48-20-209. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned. ; (C) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 20-108, in the proceedings before the court that issued the order for which enforcement is sought; or, (2) The child custody determination for which enforcement is sought was registered and confirmed under section 20-305, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under article two of this chapter; or. A period of temporary absence of any of the mentioned persons is part of the period. (a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. (c) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. §48-20-311. The order remains in effect until an order is obtained from the other court or the period expires. Petitioner (First/Middle/Last) and Respondent (First/Middle/Last) MOTION FOR TEMPORARY RELIEF This Motion is being made by, request the Court to Order the following Temporary Relief. (a) A petition under this article must be verified. A court may grant an emergency order giving temporary custody of a child when: the other parent is about to leave the state with the minor child without giving proper notice; (d) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law-enforcement officers to enter private property to take physical custody of the child. (d) Prior to assuming custody of a child from a law-enforcement officer, pursuant to the provisions of this section, a physician or worker from the state department shall require a typed or legibly handwritten statement from such officer identifying such officer's name, address and office telephone number and specifying all the facts upon which the decision to take the child into protective custody was based, and the date, time and place of the taking. Effect of child custody determination. court opinions. ARTICLE 30. REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS. (b) The court may allow the parties to participate in the communication. An inquiry shall be made of relatives and neighbors, and if a relative or appropriate neighbor is willing to assume custody of such child, such child shall temporarily be placed in such custody. Appearance of parties and child. §48-20-104. (a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse. (3) Except as otherwise provided in section 20-209, the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. The parent seeking “full-custody”, to become the sole care giver, must prove to the courts that the other parent is unfit to care for the children. (3) Provide for the placement of the child pending final relief. Please check official sources. (a) Except as otherwise provided in section 20-204, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under 20-207. (j) "Issuing state" means the state in which a child custody determination is made. (2) A court of this state or a court of another state determines that the child, the child's parents and any person acting as a parent do not presently reside in this state. (6) If the child custody determination has been registered and confirmed under section 20-305 of this article, the date and place of registration. §48-20-109. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE. §48-20-201. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken. (c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. The hearing must be held on the judicial day after service of the order unless that date is impossible. The West Virginia Judicial System is an Equal Opportunity Employer committed to providing equal access and unbiased, non-discriminatory treatment to all. If the emergency taking is ratified by the judge or referee, emergency custody of the child or children is vested in the department until the expiration of the next two judicial days, at which time any child taken into emergency custody shall be returned to the custody of his or her parent or guardian or custodian unless a petition has been filed and custody of the child has been transferred under section six … Although anything related to your child may feel like an emergency, only a limited number of situations will qualify as such. (b) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard. WV grandparents can also file for full custody, guardianship, or adoption, to raise their grand-kids, through a WV family law custody … (h) "Initial determination" means the first child custody determination concerning a particular child. (d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article. featuring summaries of federal and state ARTICLE 27A. International application of chapter. GUIDELINES FOR CHILD SUPPORT AWARDS. §48-20-108. ; or. (2) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state. ARTICLE 19. (a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or having been physically present for the purpose of participating, in the proceeding. If you have lived in West Virginia for less than six months, the custody of your children will probably be decided by a judge in the state where you used to live. (f) "Court" means an entity authorized under the law of a state to establish, enforce or modify a child custody determination. In emergency custody situations, a court will place a child in a safe environment until a more permanent arrangement can be made. (c) The immunity granted by subsection (a) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. Expedited enforcement of child custody determination. (a) Unless the court issues a temporary emergency order pursuant to section 20-204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that: (1) The child custody determination has not been registered and confirmed under section 20-305 and that: (A) The issuing court did not have jurisdiction under part 20-201, et seq., of this chapter; (B) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under part 20-201, et seq. §48-20-210. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. (n) "Physical custody" means the physical care and supervision of a child. Any retention of a child or order for retention of a child not complying with the time limits and other requirements specified in this article shall be void by operation of law. (b) "Child" means an individual who has not attained eighteen years of age. §48-20-205. (p) "Tribe" means an Indian tribe or band or Alaskan Native village which is recognized by federal law or formally acknowledged by a state. (d) "Child custody proceeding" means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. (b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party. PROPERTY, RIGHTS AND LIABILITIES OF MARRIED WOMEN; HUSBAND AND WIFE. (3) There is credible evidence of abuse or neglect of the child or children who are the subject of the petition and the credible evidence has been reported to a child welfare agency, a law-enforcement officer, a licensed physician, a licensed social worker, or a licensed mental health professional and an investigation or other proceeding has not been concluded: Provided, That the court may continue the hearing to a day certain to monitor the investigation or proceedings or take any further action as the circumstances and the best interest of the child may warrant. (a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. No child may be removed from a place of residence as abandoned under this section until after (1) all reasonable efforts to make inquiries and arrangements with neighbors, relatives and friends have been exhausted; or if no such arrangements can be made, (2) the state department may place in the residence a home services worker with the child for a period of not less than twelve hours to await the return of such child's parents, parent, guardian or custodian. UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT. Prepared by: West Virginia Legal Services Plan, Inc. PROSE.CUS In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Legal Aid of West Virginia also has information concerning custody laws, including: a custody toolkit; information on changing a parenting plan when one parent is moving; ARTICLE 18. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. (a) Persons who have a right to be notified of and participate as a party in an action filed by another are: (1) A legal parent of the child, as defined in section 1-232 of this chapter; (2) An adult allocated custodial responsibility or decision-making responsibility under a parenting plan regarding the child that is then in … The parties must be informed promptly of the communication and granted access to the record. This is the only way the judge will know that they need to decide an important custody issue. §48-20-106. §48-20-111. Except as otherwise provided in section 20-311, the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child. West Virginia grandparents’ legal rights, guidelines, regulations, and rules of law allow you to ask for visitation, and temporary custody of your grandchildren. ! (b) On receipt of the documents required by subsection (a) of this section, the registering court shall: (1) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and. (b) A child taken into protective custody as abandoned under the provisions of this section may be housed by the state department or in any authorized child shelter facility. How do I get an emergency custody order for my child? A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony. Emergency motions should be used in only in true emergency situations. §48-20-112. The parents, parent, guardian or custodian may not be denied the right to see or visit with such child in a hospital. (d) A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under sections 20-201 through 20-203, shall immediately communicate with the other court. (b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this section. This article may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act.". (a) Subject to local law providing for the confidentiality of procedures, addresses and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years and the names and present addresses of the persons with whom the child has lived during that period. Please don't post political ads, ads to sell anything or spam and please don't use bad language. (b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made. §48-20-105. 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