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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> WV
Jun 08
2002

Ask a Lawyer: Can I Move My Kids Out of State?

Posted by Dads Divorce in WV , Visitation , Parenting , custody , Ask A Lawyer

Question:

My boyfriend is in the Marines and recently proposed to me. Right now he is stationed in Hawaii for the next three years. We plan to get married later this year and I would be moving to Hawaii with him. and I was wondering if I had sole custody of my kids can I move them there? Would I be able to do that if I had joint custody. I'm asking about both because my ex and I haven't gone to court yet. Please help with my question.

Answer:

Allow me to preface my answer to your question with the fact that I am not licensed to practice law in West Viginia. It does not matter what your custody is called. It matters if you have the right to solely determine where the children reside, regardless of the location, meaning you can move anywhere with them.
Comment (0)
Jul 08
2001

Ask a Lawyer: When can a child decide who to visit or live with?

Posted by Dads Divorce in WV , Visitation , Parenting , custody , Ask A Lawyer

Question:

What is the sufficient age for a child to decide where, when, and whom he or she wants to live with or visit?

Answer:

I am not licensed in West Virginia. Laws regarding custody/visitation vary from state to state. Most states will consider the child's wishes when it comes to custody and visitation. Some states will give their wishes more consideration after reaching a certain age. The age will vary but is usually around 12-14 years of age. Keep in mind that although the court may consider the child's wishes, it is likely to be one of many considerations. In other words,the child does not bear the full weight of the decision. As for visitation, there is usually more flexibility in visitation for teenagers. The court's recognize that teens are very busy and it is more difficult to "force" teens to follow the normal visitation schedule.
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Nov 29
1999

Ask a Lawyer: Age when child can choose to go with non custodial parent

Posted by Dads Divorce in WV , Visitation , Parenting , custody , Ask A Lawyer

Question:

At what age can my daughter choose whether she wants to have weekend visits with her father? She sometimes misses out on important events when he has her because he refuses to let her go. Thanks for answering my question.

Answer:

I must preface my answer by saying I am not licensed to practice law in West Virginia. However, it is unlikely that there is an age when a child can choose not to visit a non-custodial parent. Speak with an attorney in West Virginia to see if WV has a law that allows children to choose. I will tell you that visitation guidelines usually recommend that parents show flexibility when exercising visitation with teens. Most guidelines and judges recognize that as kids reach their teens they have many social and school activities that may interfer with visitation.
Comment (0)
Nov 29
1999

Ask a Lawyer: Back pay on child support

Posted by Dads Divorce in WV , Maintenance , Child Support , Ask A Lawyer

Question:

If you fathered a child 20 years ago and at that time offered a DNA test but the mother refused, and now the child is 20 and married and has come to you for a DNA test. Would you be liable for back child support?

Answer:

I must advise you that I am not licensed to practice law in West Virginia. You should also seek the advice of counsel in your state as the law will vary from state to state. There is always a possibility of paying back support. Since the child is currently married there should be no current support. There is likely a statute of limitations for filing of a paternity or child support action. Since the statute of limitations will be different in every state I would contact an attorney in your state before submitting to a paternity test.
Comment (1)
Nov 29
1999

Ask a Lawyer: custodial placement

Posted by Dads Divorce in WV , Visitation , Parenting , custody , Ask A Lawyer

Question:

What does this mean? "For purposes of all Federal and State laws, the mother will be primary custodial parent of these children." If she decides to relocate, can she take the kids with her - there is provision in the CO that states neither of us can without giving at least a MINIMUM of 90 days advance notice. We currently all reside in the same town - with all grandparents and relatives also living there or nearby. My ex wife has stated she wants to move up north to be closer to a boyfriend and with her company but her job now is close to home.

Answer:

I am not licensed in West Virginia. The provision that you quoted gives you
Comment (0)
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