The breakup of a family is always devastating to everyone involved. Child welfare experts often say children will adjust in time, and to some extent that is true. However, the experts are speaking of ‘average’ or ‘most’ children. Some children handle their parent’s divorce fairly well, but many will always suffer from the breakup of their family.
Custody Laws in West Virginia
West Virginia courts want to be sure that the best interests of the child are a primary consideration. This will determine custody. One parent may get sole custody or parents may share custody. Whenever possible, the courts want the child to have a positive relationship with both parents. The judge will consider many factors, including each parent’s emotional stability, who can better care for the child, physical disabilities of the child or parents and all other circumstances that would affect custody.
The Importance of Having a Parenting Plan
The courts encourage parents to work together and develop a parenting plan. This plan should be drawn up by both parents, with the assistance of a family law lawyer in Martinsburg, WV and should include:
• Where the child will live;
• Significant time for each parent to spend with the child;
• How the child will split time between the two houses (Mon. – Friday at one house, Sat. – Sun. at the other, for example);
• The holiday schedule, which holiday the child will spend at each house. It’s important for the child to always know where he/she will celebrate the holidays.
It would be foolish to present a parenting plan that was very one-sided. The court would be unlikely to approve such a parenting plan. On the other hand, if the court is presented with a reasonable parenting plan, the court will probably turn the parenting plan into the court”s order. If it is left to the court to draw up a parenting plan, it is not likely that either parent will be happy with the plan.
Bottner & Skillman, Attorneys at Law, located in Charles Town, WV, are dedicated to protecting their client’s rights. Each family law lawyer in Martinsburg, WV believes in keeping their client informed about their case at all times so that the client can better evaluate their options. Browse their website at to review the services offered by this law firm and to schedule an appointment.
