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358 Search Results for "Family Court"

April 2, 2015

WV Senate Bill 430 – The Law That No One Heard Of

...d order by an estranged married couple to leave each other alone. The wise family court judge of Harrison County simply ruled that the former wife was violating the order by constantly texting and calling her terminally ill ex-husband and that she could purge herself of contempt by leaving him alone for two years. Inexplicably, the Circuit Court of Harrison County ruled that a family court can only issue restraining orders if it concludes that the...

February 19, 2021

Family Law in WV: A Deep Dive

..., domestic violence final hearings, and some guardianship matters. Circuit Court Family courts do not hear adoptions or juvenile delinquency petitions or juvenile abuse and neglect petitions. The Circuit Court has sole jurisdiction over those. Other than small claims matters in magistrate court, there is no court that hears a larger percentage of self–represented, or “pro se”, cases than does the Family Court. Representing one’s-self in Family Cou...

November 18, 2017

Mediation Food for Thought

...A “Mediation Basics” instructional handout to be read and signed by every family court litigant; 3. A “Mediation Intake” form; and, 4. A very rough draft for new family court mediation rules. Memorandum In Support of a Change in the Family Court Mediation Rules Before we try to rewrite the mediation rules, I would like to state the case in favor of a revision. Our system sets up Litigants in divorce, custody, contempt, and modification cases as “...

February 14, 2016

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

...experience from 44 years of being a lawyer. I was startled recently when a family court announced that the caretaking functions history of the parties is the least important factor that it considers, and in spite of dangerous, felonious, and abusive behavior of one of the parents, awarded the parties 50%/50% time with a two year old female child. I have only encountered one court with this view, but perhaps that’s the wave of the future, and it sc...

November 20, 2012

2012 Seminars Attended to Date

...2012-10-20 DANIEL L. SELBY MORGANTOWN CHILDRENS BEST INTEREST TRAINING FOR FAMILY COURT & CHILD ABUSE/NEGLECT GAL ASSESSING CHILDREN’S BEST INTERESTS: SUBSTANCE ABUSE AND SAFETY 2012-11-16 JUDGE MARY ELLEN GRIFFITH MORGANTOWN CHILDRENS BEST INTEREST TRAINING FOR FAMILY COURT & CHILD ABUSE/NEGLECT GAL ASSESSING CHILDREN’S BEST INTERESTS: EDUCATIONAL STABILITY 2012-11-16 FRAN ALLEN; FRANCES R. PACK MORGANTOWN CHILDRENS BEST INTEREST TRAINING FOR FAM...

August 20, 2012

Domestic Violence and Family Court

...the law. At one point in a recently year, the magistrate court number and family court number were each 47, meaning 47 women had applied for AND received temporary protective orders that year, and none had been turned down for insufficient pleadings. That means the Magistrate issues the temporary protective order without a hearing, and another respondent’s life is turned upside down. From the minute that person gets the order, he (it is usually a...

December 1, 2017

Family Court Mediation Streamlined – Some Ideas

...ldren and low income litigants. I Memorandum In Support of a Change in the Family Court Mediation Rules Before we try to rewrite the mediation rules, I would like to state the case in favor of a revision. Our system sets up Litigants in divorce, custody, contempt, and modification cases as “adversaries”. These cases are often highly charged with emotion, are emotionally and financially draining, and they can drag on for over a year! At the end, th...

May 4, 2016

Is It Time to Revise Mediation in WV?

...tand that criticism, and will try to address it. The rules for circuit and family courts are detailed, and the drafters have a proprietary interest in them. And, standards must be maintained, and methods in place for the payment of mediators. I would opt for ambiguity so that such things can get sorted out in the process, just like the Founders did when they moved from the Articles of Confederation to the U.S. Constitution.) But I still answer the...

November 24, 2012

Children, Guardians Ad Litem, The Law, and Society

.... As a result of that case, a new set of written standards, Rule 47 of the Family Court Rules, have been issued. My thought was the potential guardians just need to study that case and those rules, but I was wrong. Most, but not all, of the 1000 or so lawyers who attended the seminars, or ordered the cd’s, want to be appointed as guardian for children. The children’s “impairment” or “legal disability” is their age. They remain under this disabilit...

September 25, 2018

A CONUNDRUM FOR FAMILY COURTS: WHAT TOOL FOR WHAT PROBLEMS? #1

...law can benefit too, but today’s blog will stay with family issues. I The “Family Court Jurisdiction To Restrict Contact Between Parties Act”. Last week I encountered a question that I can help answer, regarding a statute, WV Code Sec. 51-2A-2a, The “Family Court Jurisdiction To Restrict Contact Between Parties.” Act. The issue was presented by a family court judge who knew of the statute but felt she cannot use in in a domestic violence case unle...