West Virginia West Virginia

Alimony Guide - Spousal Support Laws

West Virginia | Domestic Violence and Military Deployment

Statute(s)

  • § 48-9-205

Official Law Text

			    			A parenting plan issued by the court must include a plan for the custody of the child should one or both of the parents as a member of the National Guard, a reserve component, or an active duty component be mobilized, deployed, or called to active duty.
			    		

West Virginia | Domestic Violence as Changed Circumstance to Modify Custody

Statute(s)

  • 48-9-401

Official Law Text

			    			In exceptional circumstances, a court may modify a parenting plan if it finds that the plan is not working as contemplated and in some specific way is manifestly harmful to the child, even if a substantial change of circumstances has not occurred.
			    		

West Virginia | Domestic Violence Mandatory Training For Judges

Statute(s)

  • § 48-27-1104

Official Law Text

		    			All circuit court judges may, and magistrates and family courts shall, receive a minimum of three hours training each year on domestic violence which shall include training on the psychology of domestic violence, the battered wife and child syndromes, sexual abuse, courtroom treatment of victims, offenders and witnesses, available sanctions and treatment standards for offenders, and available shelter and support services for victims. The supreme court of appeals may provide such training in conjunction with other judicial education programs offered by the supreme court.
		    		

West Virginia | Domestic Violence Mediation

Statute(s)

  • § 48-9-202 Fam. Ct. R. 38

Can court mandate mediation in custody cases?

			    			Yes. If parents are unable to resolve issues and agree to a parenting plan, the court shall require mediation.
			    		

Are there provisions?

			    			There is not a per se bar to mediation if domestic violence, child abuse or neglect, acts or threats of duress or coercion, substance abuse, mental illness or other such elements exist, but it may be the basis for the court, in its discretion, not to order mediation or not to require a parent to have face-to- face meetings with the other parent.
			    		

Who can mediate?

			    			Each family court shall establish a panel of mediators meeting the qualifications and training requirements established by the Supreme Court of Appeals.
			    		


** This Document Provided By MaritalLaws **
Source: http://www.maritallaws.com/states/west-virginia/domestic-violence