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98 Search Results for custody

March 15, 2014

Modifications/Contempt

...if the custodial parent loses a job or remarries, they can assume primary custody of the children. That won’t work in West Virginia. The laws are written to protect the parental rights of parents with modest means from losing their children to a more wealthy parent. To modify custody, there must be serious problems that endanger the child, for example a drug or alcohol problem. Endangering the Child In one case, a boy’s mother died of cancer and...

November 18, 2021

WHAT ARE THE “RIGHTS” OF UNMARRIED PARENTS?

...ing into the weeds”, let me refer you to a recent article I wrote on child custody: Child Custody in WV: an Update of “The Maze” – Attorney J. Burton Hunter III : Attorney J. Burton Hunter III (hunterlawfirm.net) Unmarried parents will usually have to follow procedures requiring the filing of a “Petition For Allocation of Parental Rights”, formerly known as a “Paternity Suit”. At the very beginning of my career “paternity suits” could be “slugfest...

October 5, 2011

Divorce 101 Handout (October 5, 2011)

...rary order is just what it implies. The court issues an order on temporary custody, child support, alimony, possession of the family residence, possession of property such as a car, a constructive trust of the marital property, or a restraining order. It is very important and often is an harbinger of things to come. 12. A final order is also what the name implies. It is the final ruling of the trial court. It can also hold a party in contempt. It...

April 7, 2017

THE SECRETS OF WINNING, Number II

...If you succeed, your child will benefit. If you try, but the other parent refuses to reciprocate, at least you will look good to the Court.   ** a. https://hunterlawfirm.net/the-maze-of-wv-child-custody-issues-just-dropping-crumbs-wont-get-you-out/ , and; b. https://hunterlawfirm.net/house-bill-2658-the-one-size-fits-all-children-can-go-to-hell-custody-law/ ....

January 27, 2020

Mediation: Slipping Away?

...e which essentially moves “shared parenting”, or what people used to call “custody” to a default 50%/50% for even marginally fit parents. This is good news for most fathers and sad news for many mothers. and it arrived without our WV State Bar Family Law Committed having a clue it was coming. I say, “Be careful what you wish for.” This law does not seemed aimed at the best interests of children. I had tracked two previous versions of new custody b...

April 20, 2020

An Example of an Unbundled Legal Service: Allocation of Parental Rights, AKA “Paternity Suit”

...s commonly, but mistakenly, called “custody” is a major challenge. And the custody law of the State of WV have recently been re-written. In the “Age of Allocation”, the stigma for a child born “out of wedlocK” is much reduced. But the unwed parties often have no clue how to approach parenting, to trust, collaborate, or communicate, especially when factors such as drugs, alcohol, or domestic abuse exist. Your small investment of $500 may be the bes...

December 17, 2018

Resources: For My Clients, Potential Clients, Self-Represented, and Colleagues.

...tect Yourself, Your Children, and Your Assets”. A plus is you can find a 2003 version for $.35 at Amazon, plus shipping! Finally, is an important source for lawyers and litigants who are dealing with interstate custody issues, “Child-Custody Jurisdiction: The UCCJEA & PKPA” by Marie Fahnert and Me’lyse Mpiranya, an ABA publication. On this subject, what you do not know definitely can hurt you!          ...

March 15, 2014

Family Law

...ramework for supporting and raising their children. Learn more about child custody & support Paternity Officially called allocation of parental rights, establishing the paternity of a child gives the father the right to be a part of the child’s life and gives the mother the ability to collect child support payments. Learn more about paternity Domestic violence If you are the victim of domestic violence, I will help arrange for a protective order....

March 24, 2010

The Nuts and Bolts of Family Court

...eks in the jurisdictions where I practice. This is the time when temporary custody is determined, child-support calculated, temporary alimony determined, possession of the house and cars awarded, and perhaps a restraining order. 17. People have found another “portal” into family court. This is the filing of a domestic violence petition. Fortunately, the court can now separate a “domestic squabble” from “domestic abuse” and issue a “no unwanted con...

October 1, 2010

Social Media, the Internet, Texting, and E-Mail

...unt can be downloaded in its entirety. The vast majority of family/divorce/custody cases have social media content as evidence. People have and will lose their cases, their money, and their children, by allowing inflammatory or dangerous information about themselves to be posted. People are going to be on the Internet, but, just like in the jungle or the swamp, they must be well prepared if they are to be protected.) 1.This memo cannot touch the p...