[WV] How can I obtain custody of my son across state lines when the mother has CPS history and substance abuse concerns?

WV Family Law

Benjamin

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Based on your situation, there are several legal arguments and considerations in Virginia and West Virginia that could potentially support your case:

Best Interests of the Child (WV Code § 48-9-102):

Both Virginia and West Virginia courts prioritize the child's best interests when determining custody arrangements. This includes evaluating the child's safety, emotional needs, and the ability of each parent to provide a stable environment.

Parental Fitness:

The court will consider each parent's ability to care for the child. Evidence of substance abuse or neglect by the mother could be relevant in assessing her fitness as a parent. (WV Code § 48-9-206 (d))

Interstate Custody Issues:

Since you and your son live in different states, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) may apply. This law helps determine which state has jurisdiction over the custody case.

Steps to File in West Virginia:

Obtain the correct forms from the West Virginia Judiciary Family Court
- Petition for Allocation of Custodial Responsibility
- Civil Case Information Statement (SCA-FC-106)
- Parenting Plan
- Financial Statement (if child support applies)
- Case Information Sheet
File in the county where the child has lived for the past 6 months
Pay the filing fee (typically $135–$160) or request a fee waiver
Serve the other parent (sheriff, process server, or certified mail)
Attend hearings and mandatory mediation
The judge will issue a Final Parenting Plan / Custody Order

West Virginia Custody (Parenting Plan) Agreement

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I need help getting my son.

Lexi, Chatbot

I understand that this is a very important matter for you regarding your son. Can you please share if you are seeking custody or visitation rights?

Custody.

Lexi, Chatbot

Have there been any previous legal proceedings related to this issue?

No.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with custody.

She’s had 2 CPS cases this year, one being when my child was born — he had coke in his umbilical cord. I believe she’s doing drugs now and selling them as well. She doesn’t work.

Benjamin

Hey there! I'm Benjamin, an attorney with many years of experience. Just so you are aware, this platform is a legal information-only site. No attorney-client relationship is formed from our conversation. Let’s discuss your custody concerns.

What kind of assistance are you looking for? What state are you in? Is there a current custody agreement in place?

I’m trying to get custody of my son. I live in the state of Virginia and he lives in the state of West Virginia. There isn’t an agreement yet.

Benjamin

Thanks for sharing that. Since your son is currently in West Virginia, could you tell me a bit more about his current living situation? Is he living with his mother full-time?

Yeah, and she won’t allow me to see him.

Benjamin

I'm sorry to hear that. It must be really tough not being able to see your son. Have you gathered any evidence or documentation regarding the mother's behavior or the CPS cases that could support your custody claim?

She allowed me to get him 3 times since he’s been born, and it was only for 10 hours, 9 am to 9 pm. The hospital called CPS when he was born because of the coke in his system. That was a month after she got off her other CPS case.

She OD’d in front of her daughter sometime last year. She doesn’t work. She didn’t graduate high school. I believe she is using still.

Benjamin

Based on your situation, there are several legal arguments and considerations in Virginia and West Virginia that could potentially support your case:

Best Interests of the Child (WV Code § 48-9-102):

Parental Fitness:

Interstate Custody Issues:

Steps to File in West Virginia:

Obtain the correct forms from the West Virginia Judiciary Family Court
- Petition for Allocation of Custodial Responsibility
- Civil Case Information Statement (SCA-FC-106)
- Parenting Plan
- Financial Statement (if child support applies)
- Case Information Sheet
File in the county where the child has lived for the past 6 months
Pay the filing fee (typically $135–$160) or request a fee waiver
Serve the other parent (sheriff, process server, or certified mail)
Attend hearings and mandatory mediation
The judge will issue a Final Parenting Plan / Custody Order

So I still have to go to the court even though I efiled?

Benjamin

You will have to go for a potential hearing, but if you already e-filed, you won't have to file again.

Benjamin

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