(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires. Certified copies of all orders sought to be enforced and of any order confirming registration must be attached to the petition. (d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding. UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law-enforcement officers to enter private property to take physical custody of the child. (b) A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 20-201. (c) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under part 20-201, et seq. (c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights. Please don't post political ads, ads to sell anything or spam and please don't use bad language. (c) The immunity granted by subsection (a) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state. REMEDIES FOR THE ENFORCEMENT OF SUPPORT OBLIGATIONS. Expedited enforcement of child custody determination. An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. (k) "Modification" means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. (a) "Abandoned" means left without provision for reasonable and necessary care or supervision. Disclaimer: These codes may not be the most recent version. That lawyer will give you a one-half hour consultation for a minimal charge. §48-20-108. §48-20-111. Some states allow parents to plan ahead for such emergencies by naming a standby guardian. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 20-201 through 20-203, inclusive, of this article, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child. (3) There is credible evidence of abuse or neglect of the child or children who are the subject of the petition and the credible evidence has been reported to a child welfare agency, a law-enforcement officer, a licensed physician, a licensed social worker, or a licensed mental health professional and an investigation or other proceeding has not been concluded: Provided, That the court may continue the hearing to a day certain to monitor the investigation or proceedings or take any further action as the circumstances and the best interest of the child may warrant. (e) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation. Any emergency custody order entered pursuant to this section shall provide for the disclosure of medical records pursuant to § 37.2-804.2. (e) A warrant to take physical custody of a child is enforceable throughout this state. A parent initiates the process by requesting an emergency hearing. A court of this state which is exercising jurisdiction pursuant to sections 20-201 through 20-203, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. ARTICLE 25A. Proceedings governed by other law. The application for the warrant must include the statements required by subsection 20-308(b). Sometimes, however, emergencies require that a child be removed from a … (a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing: (1) A visitation schedule made by a court of another state; or. Contact Us 350 Capitol Street, Room 730 Charleston, WV 25301 Ph: (304) 558-0628 Fx: (304) 558-4194 Contact Us §48-20-306. (a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. West Virginia UCCJEA W. Va. Code § 48-20-101 et seq. Understand what emergency custody is. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law-enforcement officers under section 20-315 or 20-316. ARTICLE 9. Custody and Relocation in West Virginia When parents are in a sole custody agreement – where one parent has primary custody and the other has visitation – the subject of relocation becomes a very touchy and often heated one. (b) A petition for enforcement of a child custody determination must state: (1) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was; (2) Whether the determination for which enforcement is sought has been vacated, stayed or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number and the nature of the proceeding; (3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions and, if so, identify the court, the case number and the nature of the proceeding; (4) The present physical address of the child and the respondent, if known; (5) Whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law-enforcement officials and, if so, the relief sought; and. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. (3) Provide for the placement of the child pending final relief. Under this article a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination. ADDRESS CONFIDENTIALITY PROGRAM. West Virginia uses several factors to determine custody laws. (d) The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody. §1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. This is the only way the judge will know that they need to decide an important custody issue. (B) Substantial evidence is available in this state concerning the child's care, protection, training and personal relationships; (3) All courts having jurisdiction under subdivision (1) or (2) of this subdivision have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 20-207 or 20-208; or. This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. (b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party. (b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made. The Safety Assessment Management System contains concepts and tools developed through consultation with (l) "Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government, governmental subdivision, agency or instrumentality; public corporation; or any other legal or commercial entity. Before a court grants an emergency custody order, the child must be exposed to … (b) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination. §48-20-311. (d) A person seeking to contest the validity of a registered order must request a hearing within twenty days after service of the notice. (c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. 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