Divorce West Virginia Custody
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It is always desirable if the parents draft the child custody arrangements between themselves and do not leave this decision to the discretion of the courts. The parents, who aim to reach an agreement, should bear in mind that mediation is a cost effective option in this regard. It helps to promote good relations between the parents.
The best interests of the child in Divorce West Virginia Custody
The court intends to achieve the best interests of the child. For this, it tries to facilitate the following.
- Protecting the child from getting exposed to emotional or physical harm
- Determination as per which adult places more priority for catering to the requirements of the child and a care taking relationship
- Meaningful contact between the father as well as mother with the child
- Continuation of present child-parent attachments
- Parental agreement and planning pertaining to the custodial arrangements and upbringing of the child
- Stability of the child
The above points have been stated in West Virginia Code, Section 48-9-101 and 102.
Types of Divorce West Virginia Custody
Basically, there are 3 types of child custody arrangements as follows.
- Temporary Custody: The court awards a certain plan till the final custody arrangement is worked out in the court
- Legal Custody: This is the right of a parent(s) to make decisions about child rearing, education and medical issues
- Physical Custody: This is the right of a parent(s) to have the child reside with him/her
In this state, each parent has a rights visitation with the child. However, in some extreme cases (like those of child abuse and drug use), there is a need of supervised visitation.
West Virginia promotes the "shared custody model." As per the rules of this model, each parent is assigned almost the same duration of time with his/her child as was present in the marriage or any other plan.
Information regarding Parenting Plan
The office of the family court's judge is the venue, where one can procure a parenting plan form. In order to draft a parenting plan, the parents need to talk regarding the following issues.
- Is there any necessity that there should be some restrictions on one or both parents regarding their involvement with the child? If yes, which are the restrictions that need to be imposed?
- Which are the major decisions to be taken? Which of these would be made by the father or the mother, and which would be shared?
- What should be the mode of communication between the father and mother pertaining to parenting concerns?
- What terms must be set for telephonic contact between the child and each parent?
- The work schedule and commitments of the parent may necessitate occasional modifications in the parenting plan. How should the parents manage these?
- At what location should the parents exchange the child? How to manage this transportation?
- Where would the child stay during non school and school times as well as during vacations and holidays?
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