What are the child custody laws for West Virginia?
By admin on Jul 14, 2008 in State Specific Child Custody Issues
Stephanie S asked:
My husband has 2 children. The Mother recently decided she wanted to sign over the kids to thier father and stated it would be temporary full custody. Is there such a thing as temporary full custody? And what would she have to do to get Joint custody again? I tried to search it on the internet but all it gave me was lawyers! Thank You everyone for your help.
shamrock | Jul 18, 2008 | Reply
There is. If the temporary custody order has a definite start and end date, she wouldn’t need to do anything to get joint custody back. If there is no end date, she would need to go to court to terminate the order, but your husband could object. Unless he could show a good reason for the court to order otherwise, she would get joint custody back simply because it is now the standard unless one parent is at least somewhat unfit.
Juli | Jul 21, 2008 | Reply
First look at: FindLaw Family Law for West Virginia
Temporary Full Custody: Are you having an Attorney draw this up? I would think that you would have Joint Custody and now Temporary Primary Physical Placement. Why this is Temporary depends upon your situation. Looking at it from the aspect of the best interest of the child I would pause to wonder being switched around..Is this for the same school district ? If changing schools is involved I would counter with Joint Custody with change (to you) of Primary Placement. Including modifications of any Child Support.
This is just my opinion though..Good Luck!