How do I file for custody or visitation modification?

In West Virginia, filing for a modification of an existing child custody or visitation order requires the filing of a petition with the family court in the county where the child resides. The parent or guardian wishing to modify the order must include a proposed parenting plan and other relevant information in the petition. The petition must be filed with the court in the form of a verified complaint. In most cases, the complaint should include detailed information about the facts and circumstances that necessitate a change in the existing order. The complaint should explain why it is in the best interest of the child to change the existing order. The court requires that both parties to the existing order be notified of the petition. The court will then set a date for a hearing on the petition. The hearing will determine whether the court grants a modification of the existing order. All relevant evidence should be presented to the court during the hearing. The court will make its decision based on what is in the best interests of the child. Before the final decision is made, the court may order parties to undergo counseling or mediation to reach an agreement regarding a modification. If an agreement is reached the parents can present it to the court for approval. If the court grants the petition, the court will issue a new order for custody or visitation. This new order will replace the existing order. The parties are legally bound to follow the order until further notice.

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How do I file for custody or visitation modification?

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