Leaving on a jetplane asked:


I would like to know if anyone can help me find out more on the child custody laws in West Virginia. The child was abused by one or both of the parents and I’m looking into trying to gain custody. I live in NC and I’m the aunt of the child. I can’t find anything on the internet to help me with what I need to know or to direct me on how I need to proceed. If anyone can help or tell me of a good source of information, please do.
I’ve already met with the social worker on the case and she is currently working on getting paperwork ready for a home study for my husband and I. I just need to know more when it comes to how long we would have the baby if granted custody. What happens after that?

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6 Responses to “West Virginia child abuse/custody laws question?”

1. Lori K on December 20th, 2009 4:24 pm

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   You need an attorney

2. TWYLA W on December 23rd, 2009 6:25 pm

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   for correct advice ask your lawyer

3. Carolyn M on December 26th, 2009 10:38 am

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   Call SCAN and report them. As a family member you will be given consideration for placement if no other family member steps in. First it would be as a foster parent and then depending on what happens with their parents you could eventually be given custody if the parents give up their parental rights.

   This is a long term process. I don’t know how severe the abuse is but the more severe the abuse probably the less time to adoption. I know that sounds warped, but the key here is are the parents salvageable as parents? If the court thinks they are it can be 1-3 years until it is all over.

   If they get convicted and agree to terminate their rights and everything checks out with you guys it could be 12-18 mos. Although some states have a waiting period for the final phase of adoption. What that means is everything is in place you are just running out a clock of a year or so.

4. mom_single_sexy on December 29th, 2009 8:51 am

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   talk to an attorney from w.v. they will be your best bet

5. djmom11 on January 1st, 2010 7:24 am

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   Is the child in foster care? If the child is, then contact the CPS office and let them know you would like to be considered for relative placement. Otherwise contact the family law court in that area and see about filing for legal guardianship. A lawyer from that area would be great, if you can afford one. Otherwise the county probably offers free legal aide.

6. aberrant_unc on January 3rd, 2010 7:25 am

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   The child will have an attorney appointed to it by the court, this attorney is called the guardian ad litem. The GAL looks out for the interests of the child and represents the child in custody hearings.

   If you could find out who the GAL is, they might be able to answer some questions or help you without you having to hire an attorney yourself. The CPS worker (social worker) on the case will know who the GAL is. They attend monthly (I think) meetings together about the child called MDT meetings (multi-disciplinary team).

   You should definitely look into getting your own attorney since the GAL might not have the time to help you. He/she does not have the obligation, but usually they just want to get the kid placed somewhere away from the abusive parents.

   If you can’t afford to get your own attorney, you should contact West Virginia Legal Aid. When they learn that you are trying to protect a child from abuse, they will help you, assuming that you can’t afford a lawyer.

   Legal Aid of West Virginia (main administrative office)
   922 Quarrier Street, 4th Floor
   Charleston, WV 25301

   (304) 343-4481
   (800) 642-8279
   Fax (304) 345-5934

   Their website is although they have a strict policy of not giving legal advice over the internet.

   Good Luck!