How do I get custody of my grandchildren in WV?

Persons who may apply for grandparent visitation; venue. A grandparent of a child residing in this state may, by motion or petition, make application to the circuit court or family court of the county in which that child resides for an order granting visitation with his or her grandchild.

Is there a grandparents rights law in WV?

Under West Virginia law, a grandparent of a child residing in West Virginia may apply for Court ordered visitation by filing a motion or petition with the Circuit Court or Family Court of the County where the child resides.

How is child custody determined in West Virginia?

In West Virginia, the court does consider the child’s reasonable wishes when determining which parent wins custody. The judge may take the child’s age, maturity, and judgement into consideration when considering the child’s custody preference. Do West Virginia courts consider domestic violence when determining custody?

How can grandparents get custody of their grandchildren?

How you approach securing custody of or access to your grandchildren can also have a significant impact on the outcome of your efforts. “Grandparents should talk with a specialist in family law, because not every family law attorney is experienced in grandparent custody rights,” advises Aubrey.

Who is the guardian ad litem in West Virginia?

West Virginia has statutory authority for appointment of a guardian ad litem or attorney specifically to represent the child in a custody case. This person advocates for the best interest of the child, and is tasked with investigating the family situation and advising the court what custody situation would be in the best interests of the child.

Can a grandparent sue for custody in Texas?

“Grandparents should talk with a specialist in family law, because not every family law attorney is experienced in grandparent custody rights,” advises Aubrey. “In the state of Texas, you need to have what is called “standing” under the Texas Family Code in order to sue for custody.

How can grandparents get custody of their grandchildren in West Virginia?

WV grandparents can also file for full custody, guardianship, or adoption, to raise their grand-kids, through a WV family law custody court judicial process. The proper legal advice, guidance, and strategies are key to ensure a successful outcome to any predicament regarding your grandchildren.

How are child custody decisions made in West Virginia?

When making a custody decision, West Virginia judges consider: 1 Current relationship between the child and both parents 2 Emotional stability provided by each parent to the child 3 Each parent’s willingness and ability to care for the child 4 Child’s mental and physical health 5 Each parent’s mental and physical health

How old do you have to be to get custody in West Virginia?

To consider the preferences of a child who is 14 years of age or older, or regarding a child under fourteen years of age to give that preference weight according to the circumstances of the case To keep siblings together as necessary to their welfare

When can grandparents get custody of a grandchild?

If the grandparents are not the only relatives able and willing to care for the child, the court determines who is the best individual to have custody based on the child’s best interests. The grandchild and custodial parent were already living with the grandparents.