Are you a grandparent seeking custody of your grandchild as a result of a divorce in West Virginia? Grandparents who want to obtain custody of their grandchildren during divorce proceedings have specific legal rights. This article will guide you through the process of filing for custody of your grandchild in West Virginia.
Who is eligible to file for custody in West Virginia?
In West Virginia, grandparents are eligible to file for custody if:
- They are not party to the divorce proceedings between the parents of the child;
- They have physical custody of the child because the child’s parents are absent or unable to care for the child;
- There has been abuse or neglect of the child while in the care of the parents; or
- The parents of the child have consented to the grandparent custody.
How to file for custody in West Virginia?
To file for custody in West Virginia, the grandparent must:
File a Petition for Custody with the Circuit Court in the county where the child resides;
Serve the Petition on the parents and any party who has physical custody of the child.
West Virginia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which means if the child has lived in the state for at least six months, West Virginia has jurisdiction over the custody case.
What factors does the court consider?
The court will consider several factors when deciding whether to award custody to the grandparent, including:
- The child’s relationship with the grandparent and the parents;
- The child’s preferences, if appropriate;
- The physical and mental health of all parties involved;
- The ability of the grandparent to provide for the child financially and emotionally;
- The ability of the grandparent to cooperate with the parents and facilitate contact with the child’s family.
What if the parents object to grandparent custody?
If the parents object to grandparent custody, they may argue that the grandparent is not fit to provide proper care for the child, or they may argue that granting custody to the grandparent is not in the child’s best interests.
However, West Virginia law presumes that it is in the child’s best interest to have contact with all parents who can provide safe and adequate care. Grandparents can play a vital role in a grandchild’s life, and courts will consider the grandparent’s role when deciding custody.
Conclusion
Grandparents seeking custody of their grandchild during a divorce must file a petition for custody with the circuit court in the county where the child resides. The court will examine several factors to decide the custody arrangement that is in the child’s best interests. If you are a grandparent seeking custody of your grandchild in West Virginia, it is highly recommended that you consult with an experienced family law attorney to obtain your legal rights and present a strong case in court.