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98 Search Results for custody

February 14, 2016

The Maze of WV Child Custody Issues – Just Dropping Crumbs Won’t Get You Out

...person who provided “the majority of caretaking” during the marriage “won custody”. She got “full custody”, and the “loser”, called the “absent parent”, got something called “visitation” and paid “child support”, and the “absent parent” only got access to their children’s records, juvenile, school, medical, if the “custodial parent” would sign a permission form, which of course she would not do unless taken back to court. It was very comforting w...

March 15, 2014

Child Custody & Support

...have your child from a third to half of the overnight visits) Split child custody (if custody is split 50-50) The more time your child spends with you, the less you pay in child support. In addition to child support, parents are responsible for sharing health care and day care expenses. Free Lawyer Consultation If you have questions about child custody and child support, contact me at any time for a free initial consultation. I am usually in my o...

October 1, 2021

Child Custody in WV: an Update of “The Maze”

...nty Circuit Court which is the Court of general jurisdiction in the State. Custody cases between unmarried people, formerly “paternity suits”, are now “petitions for allocation of parental rights”. Custody cases between married people are part of the divorce process. Technically, we really aren’t supposed to be using the terms “custody” and visitation”; these cases are under the “rubric” of “shared parenting”, access to records, and decision makin...

March 12, 2017

House Bill 2658: “The One Size Fits All, Children Can Go to Hell, Custody Law”

...ed Bill 2658 would create a powerful presumption in favor of “shared legal custody” and “shared physical custody”. The return of these outmoded, proprietary, terms is shocking. It is at the heart of what I dislike about the bill. The court will be locked into a 50%/50% caretaking decision unless it make findings under a “clear and convincing” standard that there are reasons to do something else. Then, the “less worthy” parent will have to settle f...

April 8, 2018

Brand New WV Custody and Alimony Law

...”, which will now have to be revised. (Drats!), and my “Winning Your Child Custody Case” and “Winning Your Custody Case II”. The last two define “winning” as involving the other parent and learning to co-parent as the definition of “winning”. This new law has that language about involving the other parent, so something has been in the works for at least the last 2-3 legislative-sessions. Any lawyer who has paraded family, friends, teachers, doctor...

April 7, 2017

THE SECRETS TO “WINNING” CUSTODY OF YOUR CHILD

...mothers and reduce the adversarial nature of what some people still call “custody fights”, the legislature replaced “custody” with the concept “shared parenting” (shared but not necessarily co-equal time), and replaced “visitation” with “time with the child”. That statute requires the family court to make findings as to the percentage of caretaking functions each parent, or a third party, did before their separation, and follow those percentages...

March 24, 2021

Ideas to Improve the “One Size Fits All WV Child Custody Bill”, HB 2364

...ideas. 3. I attach here a few of my chapters. I suggest “The Maze of Child Custody in WV”, a look Prior To our current law that removed the requirement for “caretaking functions” calculations. It ain’t simple. 4. I also include my two articles on “winning” a child custody case by showing you can involve the other parent in the lives of the children. 5. IF there is gong to be a presumption in favor of 50%/50%, please leave incentive for parties to...

June 19, 2018

WV’s Child Custody Relocation Statute: A Critical Issue for Parents and Children

...ew child custody law back in April: https://hunterlawfirm.net/brand-new-wv-custody-alimony-law/ . This law does not revoke or modify the relocation statute, but I noted then that in removing the “caretaking functions” history as a major component in determining residential care (custody), the legislature appears to be swinging the pendulum in the direction of the fathers. 9. I have anecdotal information that it is becoming harder for the tradition...

November 20, 2011

What Burt Has to Say to His (Divorce and Custody) Opponents

...revisions did not, as some people have heard, guarantee the father 50%-50% custody. Instead, the assumption for fit parents is a “shared parenting” plan, “time with the children” instead of “custody” and “visitation”, co-equal decision making, and co-equal access to children’s records. The apportionment of time is often determined by a look-back to what you and your spouse have done before the date of separation. If you worked 60 hours a week, and...

July 23, 2017

So You Have Your (Child Custody) Agreement: Now What?

...Your Child Custody Case” https://hunterlawfirm.net/the-secrets-to-winning-custody-of-your-child/ and “More about Winning Your Custody Case”. https://hunterlawfirm.net/the-secrets-of-winning-number-ii/ At the heart of those articles, and my 19 recommendations, is the great wisdom of “The Golden Rule”, “Do unto others as you would have others do unto you.” I explain to my client that transparency is essential. If she is going to travel out of the S...