Beckley Child Custody Lawyer

Beckley Child Custody Attorney

It can be overwhelming to navigate child custody in West Virginia. It may seem like the future of your child’s life and their relationship with you is in the hands of the court, leaving you with no power to protect your child.

A Beckley child custody lawyer from Wooton, Davis, Hussell & Johnson, PLLC, can help as they bring detailed legal understanding and experience to your family law cases that can help you make smart and informed decisions.

Child Custody Determinations in West Virginia

In West Virginia, divorce and child custody is determined primarily based on what is in the best interests of the child. The court will evaluate several factors as they create a custody arrangement that promotes the child’s safety, health, and emotional well-being. Below are the main considerations when determining child custody in the state:

• Equal Shared Parenting Act. The Equal Shared Parenting Act is a law that anticipates that custody arrangements will be shared 50-50 between both parents unless there is a reason backed by evidence to prove this is not ideal for the child. Both parents are strongly encouraged to be equally involved in the child’s life and meet the child’s needs unless it is determined that joint custody is not best for the child.
• Best interests of the child. To determine the best interests of the child, the court will weigh many factors, including parental relationships, parental cooperation, safety and stability, the child’s wishes, parental health, and history of domestic violence or abuse.
• Parental agreements. The court typically respects custody agreements that both parents have agreed to if it serves the child’s best interest. Parents can take ownership of creating a parenting plan, and the court may approve it if it is fair and meets the child’s needs.
• Mediation and custody evaluation. The court may require mediation or a custody evaluation if parents are unable to agree. A custody evaluator will assess each parent’s relationship with the child as well as look into their living situation and make backed recommendations to the court.

The court will review all applicable factors and make a custody order that will outline legal custody and physical custody, which basically translates to how decisions are made and where the child lives.

The final decision seeks to foster a relationship with both parents unless this would at all interfere with the well-being of the child. The focus is ultimately on creating a balanced and safe arrangement that allows the child to maintain meaningful parental relationships.

How a Beckley, WV Child Custody Lawyer Can Help

A child custody lawyer in Beckley, WV can be an invaluable resource as you navigate custody disputes, seek to protect your parental rights, and ensure that the custody arrangement is ultimately in your child’s best interest. A lawyer can guide you through the legal process, answer questions and address your concerns, as well as help you to understand your rights and obligations.

If you are not in alignment with the other parent in the child’s best interest, a lawyer can assist you in building a strong case by gathering and presenting evidence that proves your position, and in the event that your case goes to court, your lawyer can represent you. Court proceedings can be complicated and stressful, and the support of a lawyer can ease your tension as they present your case in court in an effective manner and respond to any challenges professionally.

Working with a trusted custody lawyer can help to streamline the process and improve your chances of reaching a fair outcome.

FAQs

Q: What Is the New Child Custody Law in West Virginia?

A: In West Virginia, the new child custody law, the Equal Shared Parenting Act, prioritizes a 50-50 custody arrangement, which means that courts start the process with the assumption that both parents will share equal custody of the child unless evidence suggests otherwise. The goal of this law is to encourage the involvement of both parents in the child’s life equally.

Q: How Long Do Most Child Custody Cases Take?

A: The length of a child custody case can vary based on several factors, like the complexity of the case, the level of conflict between parents, court schedules, and the impact of legal support. While courts aim to resolve these cases promptly, it may take time as the main priority is to determine an outcome that promotes the child’s best interests.

Q: How Is Custody Determined in West Virginia?

A: In West Virginia, custody is determined based on what is in the best interests of the child. Courts will evaluate many factors to ensure that the custody arrangement supports the child’s physical, emotional, and psychological well-being. The court may look at the child’s relationship with each individual parent, the parents’ willingness to cooperate, parents ability to provide a stable environment, the child’s preference, and other details to determine custody arrangement.

Q: How Do You Get Full Custody in West Virginia?

A: In West Virginia, to get full custody of a child, a parent has to convince the court that it is in their child’s best interest for them to hold sole custody. Typically, full custody is only awarded when there are serious concerns about one parent’s ability to safely and reliably care for their child.

Q: How Expensive Is a Child Custody Lawyer?

A: How expensive a child custody lawyer may be varies widely from case to case as it is based on the unique factors that impact each case. These factors may include the specific location, the nature and complexity of the case, the lawyer’s experience level, and their fee structure. It is helpful to speak on finances during your initial meeting with your lawyer to be aware and prepared for payment.

Speak With a Trusted Child Custody Lawyer in Beckley, West Virginia Today

As you take steps in your child custody case, it is important to partner with a child custody lawyer who has your back and can help support you throughout the case. Whether you just have questions about the process or are facing disagreements with the other parent, set up an initial consultation with the lawyers at Wooton, Davis, Hussell & Johnson, PLLC, and learn how they can help you throughout this process. Do not delay in receiving the legal care you deserve.