Family Law Issues

Senate Judiciary Removes 50-50 Custody From ‘Best Interests Of The Child Protection Act’

By WV Public 04/08/2021 “…West Virginia senators have removed a presumption of 50-50 custody from a bill that passed the House of Delegates a month ago, along with a provision to reopen closed child custody cases in which parents were not considered for equal time…” Read the entire article: https://www.wvpublic.org/government/2021-04-08/senate-judiciary-removes-50-50-custody-from-best-interests-of-the-child-protection-act

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West Virginia may join Kentucky as a shared parenting state

By News and Sentinel 03/23/2021 “…The bill includes the “Friendly Parent Factor” that considers “the likelihood of a party will allow the child frequent, meaningful and continuing contact with the other parent…” Read the entire article: https://www.newsandsentinel.com/news/local-%20%20news/2021/03/west-virginia-may-join-kentucky-as-a-shared-parenting-state/

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W.Va Legislature considers bill to mandate split child custody

By Brendan Tierney – WSAZ 03/11/2021 “… H.B. 2363, known as the Best Interests of the Child Protection Act, would mandate a judge grant 50/50 shared custody whenever possible in a divorce or custody proceeding. …” Read the entire article: https://www.wsaz.com/2021/03/11/wva-legislature-considers-bill-to-mandate-split-child-custody/

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Comment: State should credit both parents who share custody

By Jim Clark – Herald Net 03/14/2021 “… Instead of these families automatically sharing the total child support money from both parents in direct proportion to how much residential time the children spend at each parent’s home, judicial discretion now awards residential credit to only 7 percent of all families…” Read the entire article: https://www.heraldnet.com/opinion/comment-state-should-credit-both-parents-who-share-custody/

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Shared Custody Bill Passes House After Debate

By Jeff Jenkins 03/08/2021 “…The Bill, HB 2363, says only a preponderance of the evidence of incompetence, neglect or abuse as defined in state code would change shared parenting. The determination would come in what’s described as “full adversarial judicial hearing. …” Read the entire article:  https://wvmetronews.com/2021/03/08/shared-custody-bill-passes-house-after-debate/

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SC man wins custody of his daughter, after she was adopted without his permission

By Fraendy Clervaud – ABC15 News 02/16/2021 “…Christopher kept the faith and contested the adoption. Court records show that his paternal rights were terminated without his permission. At one point he and his lawyers were willing to adopt his own daughter back. After almost a year a judge sided with him. Baby Skyler was sent back to South Carolina

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Study Finds That Equal Custody Arrangements Narrows The Gender Pay Gap

By Tami Forman – Forbes 02/09/2021 “…And that includes family court, where too often mom is made the primary custodial parent and dad is given “visitation.” This can happen without anyone—including the couple involved—questioning it…” Read the entire article: https://www.forbes.com/sites/tamiforman/2021/02/09/study-finds-that-equal-custody-arrangements-narrows-the-gender-pay-gap/?sh=7946cd345611

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Filmmaker Ginger Gentile won’t let kids be collateral damage of divorce

By James Varney – The Washington Times 02/15/2021 “…It also highlights alternative divorce programs that encourage mediation and shared parenting, which prevent future childhood trauma and make divorce and separation less costly both financially and emotionally, Ms. Gentile said…” Read the entire article: https://www.washingtontimes.com/news/2021/feb/15/filmmaker-ginger-gentile-wont-let-kids-be-collater/

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