Beckley Child Custody & Visitation Lawyer

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Erica Lord Law Group/

Beckley Child Custody Attorney

Whether a child custody case is the result of a divorce, or even if you are not married but need a legal child custody arrangement, you may anticipate a difficult and strenuous time for all parties involved. Part of this difficulty is the awareness that the final decision is in the hands of a judge, which often creates a feeling of having little control over the outcome. In family law courts, the judge looks at compiled information to determine the allocation of custody and child support, both in divorced and unmarried disputes.

Beckley Child Custody & Visitation Lawyer

Do I Need a Beckley Child Custody Lawyer?

Having trusted legal counsel by your side can positively impact the outcome of your case, as well as make the process smoother. A qualified family law attorney can advocate for your wishes in a child custody case, and they can fight for more favorable outcomes. While it’s not impossible to represent yourself in a child custody case, it’s a much more complex process than most people think. It requires an understanding of the family law system to compile all the correct information in a way that successfully advocates for custody. It’s unlikely you will know all the crucial details, and failing to have the correct evidence may end in you missing out on a good outcome for child custody.

Your Child Custody Attorneys: Erica Lord Law Group

We have over 20 years of experience in personalized legal counsel. At our family law firm, our goal is that you understand the steps we’re taking for your case, so you can continue to make informed decisions about the future of your family and children. Our firm wants to help you navigate your child custody case and compile the necessary information and evidence to receive the best outcome. Let Erica Lord Law Group provide you with strong legal advocacy in determining child custody orders. We aim to display your strengths as a parent.

How is Beckley Child Custody Determined?

As of June 2022, West Virginia courts operate under the assumption that child custody should be split equally in joint custody. From there, they will look at several factors surrounding both parents and the child or children to determine this joint custody. This must be disproved by a party who believes custody should not be split in this way. Challenging joint custody requires evidence and solid advocacy from a determined child custody attorney. Some factors that may be considered in custody determination are:

  • Parent availability for the daily needs of children. If one parent has a busy work schedule or a job that requires them to work nights or travel, they will likely not receive the greater amount of custody rights.
  • Distance between parents and the needs of the child. The court will determine how close each parent lives to schools, healthcare providers, and daycares.
  • Healthcare needs of the child. In cases of individual needs of children, such as serious medical conditions or disabilities, parents must both show they’re able to care for those needs and treatments consistently.
  • Wishes of the child or children. Children 14 years old or over are likely to have their wishes considered in custody arrangements. Younger children may qualify for this consideration if they are seen to be mature and well-reasoned. However, the children’s best interests will outweigh their own wishes.
  • Criminal records of each parent. If one parent has criminal history and convictions, particularly those relating to domestic violence and abuse, they are much less likely to receive significant child custody. Parents with a criminal record will probably only receive limited or supervised visitation rights.

This information and other relevant factors are addressed by judges in family court to determine child custody. To ensure all the proper information is gathered, it can be useful to speak with a child custody attorney.

Family Law FAQs

Q: How long does a parent have to be absent to lose his rights?

A: Termination of parental rights in Beckley, West Virginia only occurs in serious circumstances, such as abuse, neglect, or adoption. These rights can only be terminated in court. It must be found that there is no chance to correct the abuse or neglect in the future and that parental termination is in the best interests of the child. In the case of adoption, there is a legal change of parental rights by the birth parents. One way this occurs is through legal abandonment, where a birth parent doesn’t take care of a child for the first six months of their life or longer.

Q: How can a parent get full custody?

A: West Virginia doesn’t have full custody statutes and instead splits responsibilities, custody, and support. Often, one parent may get more custody, and the other parent will provide child support. In cases of joint custody, child support will be determined by the differences in parental income. Time and visitation in joining custody arrangements are structured through a parenting plan.

Q: How does supervised visitation work?

A: If visitations are deemed good for the child but unsafe alone, the court may require monitored or supervised visitation. Monitored visitations mean that a third party is nearby but not in the room, while supervision means a third party is in the room. This could be ordered as a result of a past of drug or alcohol misuse or to protect a child against potential abuse or domestic violence.

Q: How is child custody determined?

A: At the beginning of any custody case, the court assumes that there should be joint custody and then amends this assumption based on other useful information. Family courts will consider the past behavior of each parent, company kept by each parent, travel distance between homes, medical conditions of the child or children, and the opinion of children 14 years or older, among other factors.

Ensuring Fair Custody

No matter the specifics of your child custody case, Erica Lord Law Group can craft a specified legal representation for your situation, and they can provide you with all the necessary information and evidence gathered. To see how you can protect the future of your family and your children, contact our family law firm today to learn more about how our reliable child custody attorneys can help you.

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