What are the procedures for a change in custody or visitation?

In West Virginia, if a parent would like to change the custody and/or visitation arrangements for their child, they must go through the court system. First, the parent must file a petition with the family court in the county in which the child resides. The petition should explain why the change is necessary and why it is in the best interests of the child. Once the petition is filed, the court will then set a hearing date. Both parents will need to appear at the hearing so that the judge can hear both sides of the story. During the hearing, the judge will consider all relevant information such as each parent’s ability to provide for the child, the child’s age, past behavior of the parents, etc. Once the hearing is concluded, the judge will issue a ruling. This ruling will establish the new custody and/or visitation arrangements. It is important for the parties to understand and agree to the terms of the court order or the order will not be enforced. If either parent wishes to challenge, change, or modify the court order, they must again go through the court system. They must file a Motion to Modify with the court, and a hearing date will be set so that the judge can hear both sides and make a final ruling. It is important to seek legal advice if filing a Motion to Modify as this type of action can be complicated.

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