At What Age Can a Child Choose Which Parent to Live With in Wv
Guide to Child Custody Laws in Westward Virginia
West Virginia parents may want to know nigh their state's child custody laws well in advance of seeking a custody order. Understanding child custody laws in Westward Virginia can aid you get the custody arrangements you lot adopt and make it so that you can come across your kids more. This guide will explain the types of custody decisions made by the courts and some of the laws governing kid custody determinations.
Can Children Determine?
Child custody laws in West Virginia direct judges to take into business relationship the stiff preferences of any child over the age of 14 about which parent to live with, every bit well as of any child nether 14 who has a strong stated preference but can "intelligently limited a voluntary preference for one parent." All the same, this preference volition only be given "such weight as circumstances warrant."
This means that no matter how strong a child's preference is, or how old they are, until they attain the historic period of majority at 18 a child's wishes may be overridden by a approximate. No kid is allowed to make up one's mind on their ain who they volition live with according to child custody laws in West Virginia.
Custody Factors
Child custody laws in W Virginia spell out a number of factors that judges will have into account when trying to make a custody determination. Generally, courts volition endeavor to go along siblings together, and will e'er try to allow both parents to have a relationship with their child. They will besides accept into account a kid'south emotional attachments and relationships with both parents, besides every bit a child'south demand for stability in the abode and their developmental stage.
Physical Custody
Physical custody is also called "custodial responsibleness" in child custody laws in West Virginia. These terms refer to where a child will live and which parent(southward) will be permitted to brand basic, day to mean solar day decisions about their intendance.
Generally, concrete custody will be divided between the two parents. This is often not an even split, and can be quite far from a fifty/50 sectionalisation in many cases, especially if the parents live far apart and even timesharing would be impractical.
Legal Custody
Legal custody refers to which parent or parents can make major decisions for their kid. The kid custody laws in West Virginia refer to this every bit "resource allotment of significant controlling responsibilities." When assigning legal custody, the courtroom will examine where a child's physical custoy is, the wishes of each parent, the level of cooperation between parents, and the level of decisionmaking each parent had earlier they separated.
Generally, parents tin be given sole legal custody, in which only one parent is allowed to make these major decisions, or articulation legal custody, which means that both parents must piece of work together to choose for their child. Because of this, judges are more likely to give joint legal custody in cases where parents have been able to work out a parenting plan that agrees on a legal custody system acceptable to them both.
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Source: https://divorce.laws.com/child-custody/child-custody-laws-in-west-virginia
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