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98 Search Results for custody

January 15, 2020

The Custody Revolution in WV

...rious custody issues in WV. There have been big changes including a new WV Custody law. In the meantime, here is a useful link. I also need to speak of Adoption, Fostering to Adopt, Guardianship, Psychological Parent issues, Grandparents’ visitation, Abuse and Neglect, and Juvenile Delinquency, and the role of the Guardian Ad Litem. Here my last big article “The Maze of Child Custody in WV” and several related articles. Of course, if you have some...

June 17, 2022

The New 50%-50% WV Child Custody Law

...ed together on several projects, including the “Family Court Restraining Order Statute.”51-2A-2a. I am going to create a chart of his “29 factors to rebut 50%/50% custody” for each of my child custody clients to complete and consider. I will post it once I finish it. Feel free to share this. It is important: https://www.wvdavid.net/50-50custody2022  ...

January 17, 2020

Enforcing a Child Custody Agreement, With and Without the Court

...Time and again I meet people who have been dealing with violations of their court-ordered parent plan who have no clue how to enforce it. They missed opportunity after opportunity to get things back on track, or, failing that, to set up the other side for a contempt or modification action. So, here is a couple thousand dollars worth of “free advice”.. https://hunterlawfirm.net/so-you-have-your-child-custody-agreement-now-what/...

January 22, 2011

How Can I Get My Children’s Parenting Plan Modified?

...n done by the new rules than bad. Under the old standards, one parent “won custody” or was awarded custody, and the other parent was the “absent parent” entitled to “visitation” and access to the children’s (school, medical, and juvenile) records via a “consent” signed by the “custodial parent”. The inequity of such rules is apparent to me now, although back then I took comfort that the parent who had been more involved in the children’s lives mai...

March 15, 2014

FAQ

...That rule later became the “primary caretaker rule”, which required giving custody to the parent who had performed the majority of the care for the child before separation. The current rule changes “custody” into “parenting” which includes physical care, decision making and access to information about the child. At the temporary hearing the Court is to look at the percentage of “caretaking” functions performed by the parent during the year before...

September 13, 2011

No Lawyer? Or Just Any Lawyer?

...(see next post). 7. Mother ends up waiving the entire claim and giving up custody of the younger child too. 8. At first, the husband needed an attorney to tell him to get the custody transfer approved by the court. Otherwise, unless there is a “good reason” otherwise, a monthly child support order is treated as a “decretal judgment” each month a payments come do. The first lawyer couldn’t identify the “good reason”, but the second lawyer, having...

February 19, 2021

Family Law in WV: A Deep Dive

...ton Hunter III : Attorney J. Burton Hunter III (hunterlawfirm.net) The New Custody Statute West Virginia has a new custody statute that places much less emphasis on the proportion of parenting and caretaking functions that the parties exercised prior to the separation. The former statute required, in most instances, that the court try to reconstruct and apportion parenting time as the parties had apportioned caretaking functions for the two years...

December 28, 2022

2023 Legal Resource Guide, Personal Injury, Family, Civil Litigation, and Your Legal Checkup.

...Burton Hunter III (hunterlawfirm.net)   Coping with the New 50%/50% Child Custody Law: | Custody — Dave McMahon (wvdavid.net)   Family Law in WV: A Deep Dive: Family Law in WV: A Deep Dive – Attorney J. Burton Hunter III : Attorney J. Burton Hunter III (hunterlawfirm.net)   The Maze of Child Custody in WV: Child, custody, family, adoption, juvenile, abuse and neglect, shared parenting, child support : Attorney J. Burton Hunter III (hunterlawfirm....

June 18, 2018

WV 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. I have anecdotal information that it is becoming harder for the traditional...

May 18, 2018

Stupid Lawyer Trick #27 – The Trigger Happy Contempt Petition

...promise to read, that article and two others: a. “THE SECRETS TO ‘WINNING’ CUSTODY OF YOUR CHILD”, https://hunterlawfirm.net/the-secrets-to-winning-custody-of-your-child/ and, b. “THE SECRETS OF WINNING, Number II” https://hunterlawfirm.net/the-secrets-of-winning-number-ii/ These “how to” articles teach how to involve the other party in the life of the child while looking good for doing it. It occurs to me that I need also to do a piece, “So You h...