West Virginia Code
Chapter 48. Domestic Relations

§48-18-104. Supervisory Responsibilities Within the Bureau for Child Support Enforcement - The commissioner shall have control and supervision of the Bureau...

§48-18-114. Amounts Collected as Support to Be Disbursed to Person Having Custody; Procedure for Redirecting Disbursement of Payments Where Physical Custody Transferred to a Person Other Than the Custodial Parent - (a) Where physical custody of the child has been transferred...

§48-18-115. Payment of Support to the Bureau for Child Support Enforcement - All support payments owed to an obligee who is an...

§48-18-116. Authorization for Data Processing and Retrieval System - In accordance with an initial and annually updated advance data...

§48-18-117. Obtaining Support From Federal Tax Refunds - The Commissioner shall, by legislative rule promulgated pursuant to chapter...

§48-18-118. Obtaining Support From State Income Tax Refunds - (a) The Tax Commissioner shall establish procedures necessary for the...

§48-18-118a. Obtaining Refunds of Overpaid Support From State Income Tax Refunds - (a) Definitions. (1) "Obligee" means the same as that term...

§48-18-119. Obtaining Support From Unemployment Compensation Benefits - (a) The Commissioner shall enter into a written agreement with...

§48-18-120. Statements of Account - The Bureau for Child Support enforcement shall provide monthly statements...

§48-18-121. Providing Information to Consumer Reporting Agencies; Requesting Consumer Credit Reports for Child Support Purposes - (a) For purposes of this section, the term "consumer reporting...

§48-18-122. Central State Case Registry - (a) The Bureau for Child Support enforcement shall establish and...

§48-18-123. Subpoenas - In order to obtain financial and medical insurance or other...

§48-18-124. Liability for Financial Institutions Providing Financial Records to the Bureau for Child Support Enforcement; Agreements for Data Match System; Encumbrance or Surrender of Assets - (a) Notwithstanding any other provision of this code, a financial...

§48-18-125. Employment and Income Reporting - (a) For purposes of this section: (1) "Employee" means an...

§48-18-126. Review and Adjustment of Child Support Orders - (a) Either parent or, if there has been an assignment...

§48-18-128. Billing for Fees and Costs - (a) When any filing, copying or other service is provided...

§48-18-129. Acceptance of Federal Purposes; Compliance With Federal Requirements and Standards - (a) The state assents to the purposes of the federal...

§48-18-130. Publicizing Child Support Enforcement Services - The Bureau for Child Support enforcement shall regularly and frequently...

§48-18-131. Access to Records, Confidentiality - (a) All records in the possession of the Bureau for...

§48-18-132. Access to Information - (a) All state, county and municipal agencies' offices and employers,...

§48-18-133. Recording of Social Security Numbers in Certain Family Matters - (a) The social security number, if any, of any applicant...

§48-18-201. General Provisions Related to Requests for Assistance, Recalculation of Support Amounts, Preparation of Petition and Proposed Orders - (a) An obligor or an obligee under a child support...

§48-18-202. Request for Assistance by Party - (a) To make a request for assistance under this article,...

§48-18-203. Bureau Processing of Request for Assistance or Recalculation - (a) Upon receipt of a request from a party pursuant...

§48-18-204. Request for Meeting With the Bureau - (a) Either party may ask for an in-person meeting with...

§48-18-205. Bureau Action on Request of Recalculation and Presentation of Proposed Order - (a) If the bureau determines that no credible information exists...

§48-18-206. Family Court Action on Petition and Proposed Order Prepared by Bureau for Child Support Enforcement - (a) Upon receipt of petition for modification and proposed order...

Article 19. Bureau for Child Support Enforcement Attorney

§48-19-101. Purposes; How Article to Be Construed - (a) The purposes of this article are: (1) To enumerate...

§48-19-102. Appointment of Bureau for Child Support Enforcement Attorneys - (a) Each Bureau for Child Support Enforcement attorney shall be...

§48-19-103. Duties of the Bureau for Support Enforcement Attorneys - Subject to the control and supervision of the commissioner: (a)...

§48-19-104. Vacancies; Interim Bureau for Child Support Enforcement Attorney - (a) If the position of Bureau for Child Support enforcement...

§48-19-105. Compensation; Expenses - The salary of a Bureau for Child Support enforcement attorney...

Article 20. Uniform Child Custody Jurisdiction and Enforcement Act

§48-20-101. Short Title - §48-20-101. Short title. This article may be cited as the...

§48-20-102. Definitions - §48-20-102. Definitions. (a) "Abandoned" means left without provision for reasonable...

§48-20-103. Proceedings Governed by Other Law - This chapter does not govern an adoption proceeding or a...

§48-20-104. Application to Indian Tribes - (a) A child custody proceeding that pertains to an Indian...

§48-20-105. International Application of Chapter - (a) A court of this state shall treat a foreign...

§48-20-106. Effect of Child Custody Determination - A child custody determination made by a court of this...

§48-20-107. Priority - If a question of existence or exercise of jurisdiction under...

§48-20-108. Notice to Persons Outside State - (a) Notice required for the exercise of jurisdiction when a...

§48-20-109. Appearance and Limited Immunity - (a) A party to a child custody proceeding, including a...

§48-20-110. Communication Between Courts - (a) A court of this state may communicate with a...

§48-20-111. Taking Testimony in Another State - (a) In addition to other procedures available to a party,...

§48-20-112. Cooperation Between Courts; Preservation of Records - (a) A court of this state may request the appropriate...

§48-20-201. Initial Child Custody Jurisdiction - §48-20-201. Initial child custody jurisdiction. (a) Except as otherwise provided...

§48-20-202. Exclusive, Continuing Jurisdiction - (a) Except as otherwise provided in section 20-204, a court...

§48-20-203. Jurisdiction to Modify Determination - Except as otherwise provided in section 20-204, a court of...

§48-20-204. Temporary Emergency Jurisdiction - (a) A court of this state has temporary emergency jurisdiction...

§48-20-205. Notice; Opportunity to Be Heard; Joinder - (a) Before a child custody determination is made under this...

§48-20-206. Simultaneous Proceedings - (a) Except as otherwise provided in section 20-204, a court...

§48-20-207. Inconvenient Forum - (a) A court of this state which has jurisdiction under...

§48-20-208. Jurisdiction Declined by Reason of Conduct - (a) Except as otherwise provided in section 20-204 or by...

§48-20-209. Information to Be Submitted to Court - (a) Subject to local law providing for the confidentiality of...

§48-20-210. Appearance of Parties and Child - (a) In a child custody proceeding in this state, the...

§48-20-301. Definitions - §48-20-301. Definitions. (a) "Petitioner" means a person who seeks enforcement...

§48-20-302. Enforcement Under Hague Convention - Under this article a court of this state may enforce...

§48-20-303. Duty to Enforce - (a) A court of this state shall recognize and enforce...

§48-20-304. Temporary Visitation - (a) A court of this state which does not have...

§48-20-305. Registration of Child Custody Determination - (a) A child custody determination issued by a court of...

§48-20-306. Enforcement of Registered Determination - (a) A court of this state may grant any relief...

§48-20-307. Simultaneous Proceedings - If a proceeding for enforcement under this article is commenced...

§48-20-308. Expedited Enforcement of Child Custody Determination - (a) A petition under this article must be verified. Certified...

§48-20-309. Service of Petition and Order - Except as otherwise provided in section 20-311, the petition and...

§48-20-310. Hearing and Order - (a) Unless the court issues a temporary emergency order pursuant...

§48-20-311. Warrant to Take Physical Custody of Child - (a) Upon the filing of a petition seeking enforcement of...

§48-20-312. Costs, Fees and Expenses - (a) The court shall award the prevailing party, including a...

§48-20-313. Recognition and Enforcement - A court of this state shall accord full faith and...

§48-20-314. Appeals - An appeal may be taken from a final order in...

§48-20-315. Role of Prosecutor or Public Official - (a) In a case arising under this chapter or involving...

§48-20-316. Role of Law Enforcement - At the request of a prosecutor or other appropriate public...

§48-20-317. Costs and Expenses - If the respondent is not the prevailing party, the court...

§48-20-401. Application and Construction - §48-20-401. Application and construction. In applying and construing this uniform...

§48-20-402. Severability Clause - If any provision of this article or its application to...

§48-20-403. Effective Date - This article takes effect on July 1, 2000.

§48-20-404. Transitional Provision - A motion or other request for relief made in a...

Article 22. Adoption

§48-22-101. Applicability of Definitions - §48-22-101. Applicability of definitions. For the purposes of this article...

§48-22-102. Abandonment Defined - "Abandonment" means any conduct by the birth mother, legal father,...

§48-22-103. Adoptive Parents, Adoptive Mother or Adoptive Father Defined - "Adoptive parents" or "adoptive mother" or "adoptive father" means those...

§48-22-104. Agency Defined - "Agency" means a public or private entity, including the Department...

§48-22-105. Birth Father Defined - "Birth father" means the biological father of the child.

§48-22-106. Birth Mother Defined - "Birth mother" means the biological mother of the child.

§48-22-107. Birth Parents Defined - "Birth parents" mean both the biological father and the biological...

§48-22-108. Consent Defined - "Consent" means the voluntary surrender to an individual, not an...

§48-22-109. Determined Father Defined - "Determined father" means, before adoption, a person: (1) In whom...

§48-22-110. Legal Father Defined - "Legal father" means, before adoption, the male person having the...

§48-22-111. Marital Child Defined - "Marital child" means a child born or conceived during marriage.

§48-22-112. Nonmarital Child Defined - "Nonmarital child" means a child not born or conceived during...

§48-22-113. Outsider Father Defined - "Outsider father" means the biological father of a child born...

§48-22-114. Putative Father Defined - "Putative father" means, before adoption, any man named by the...

§48-22-115. Relinquishment Defined - "Relinquishment" means the voluntary surrender to an agency by a...

§48-22-116. Stepparent Adoption Defined - "Stepparent adoption" means an adoption in which the petitioner for...

§48-22-117. Unknown Father Defined - "Unknown father" means a biological father whose identity the biological...

§48-22-201. Persons Who May Petition for Decree of Adoption - Any person not married or any person, with his or...

§48-22-301. Persons Whose Consent or Relinquishment Is Required; Exceptions - (a) Subject to the limitations hereinafter set forth, consent to...

§48-22-302. Timing and Execution of Consent or Relinquishment - (a) No consent or relinquishment may be executed before the...

§48-22-303. Content of Consent or Relinquishment - (a) A consent or relinquishment as required by the provisions...

§48-22-304. Consent or Relinquishment by Infants - If a person who has executed a consent to or...

§48-22-305. Revocation of Consent or Relinquishment for Adoption - (a) Parental consent or relinquishment, whether given by an adult...

§48-22-306. Conduct Presumptively Constituting Abandonment - (a) Abandonment of a child over the age of six...

§48-22-401. Delivery of Child for Adoption; Written Recital of Circumstances - §48-22-401. Delivery of child for adoption; written recital of circumstances....

§48-22-501. Filing of Petition for Adoption - The petition for adoption may be filed at any time...

§48-22-502. Petition and Appendix - (a) The petition shall be verified and set forth: (1)...

§48-22-601. Who Shall Receive Notice - §48-22-601. Who shall receive notice. (a) Unless notice has been...

§48-22-602. How Notice Is to Be Served - (a) Notice shall be served on each person as required...

§48-22-603. Notice to an Unknown Father - (a) In the case of an unknown father, the court...

§48-22-701. Proceedings - §48-22-701. Proceedings. (a) When the cause has matured for hearing...

§48-22-702. Recordation of Order; Fees; Disposition of Records; Names of Adopting Parents and Persons Previously Entitled to Parental Rights Not to Be Disclosed; Disclosure of Identifying and Nonidentifying Information; Certificate for State Registra... - (a) The order of adoption shall be recorded in a...

§48-22-703. Effect of Order as to Relations of Parents and Child and as to Rights of Inheritance; Intestacy of Adopted Child - (a) Upon the entry of such order of adoption, any...

§48-22-704. Finality of Order; Challenges to Order of Adoption - (a) An order or decree of adoption is a final...

§48-22-801. Adoption of Adults - §48-22-801. Adoption of adults. Any adult person who is a...

§48-22-802. Contracts Limiting or Restraining Adoptions - Any contract, agreement or stipulation which endeavors to deny to...

§48-22-901. Recognition of Foreign Adoption Decree - §48-22-901. Recognition of foreign adoption decree. When an adoption occurs...

§48-22-902. Filing of Petition for Recognition of Foreign Adoption Decree - (a) At any time after the child has immigrated to...

§48-22-903. Proceedings for Recognition of Foreign Adoption Decree - The court shall review the petition and accompanying documentation and,...

Article 23. Voluntary Adoption Registry

§48-23-101. Policy Regarding Persons Obtaining Identifying Information After Adoption - §48-23-101. Policy regarding persons obtaining identifying information after adoption. (a)...

§48-23-102. Legislative Purpose - The purpose of this article is to: (1) Set up...

§48-23-201. Applicability of Definitions - §48-23-201. Applicability of definitions. For the purposes of this article...

§48-23-202. Adoptee Defined - "Adoptee" means a person who has been legally adopted in...

§48-23-203. Adoption Defined - "Adoption" means the judicial act of creating the relationship of...

§48-23-204. Adult Defined - "Adult" means a person who is eighteen years of age...

§48-23-205. Agency Defined - "Agency" means any public or voluntary organization licensed or approved...

§48-23-206. Genetic and Social History Defined - "Genetic and social history" means a comprehensive report, when obtainable,...

§48-23-207. Health History Defined - "Health history" means a comprehensive report of the child's health...

§48-23-208. Mutual Consent Voluntary Adoption Registry or Registry Defined - "Mutual consent voluntary adoption registry" or "registry" means a place...

§48-23-209. Putative Father Defined - "Putative father" means any man not deemed or adjudicated under...

§48-23-301. Division of Human Services to Establish and Maintain Mutual Consent Voluntary Adoption Registry - OF VOLUNTARY ADOPTION REGISTRY. §48-23-301. Division of human services to...

§48-23-401. Persons to Whom Use of the Mutual Consent Voluntary Adoption Registry Is Available - §48-23-401. Persons to whom use of the mutual consent voluntary...

§48-23-402. Age Limitations on Use of the Mutual Consent Voluntary Adoption Registry - (a) A birth parent is not eligible to use the...

§48-23-403. Registration by a Birth Father - A birth father may register if: (1) He was named...

§48-23-404. Registration by a Birth Parent Who Used an Alias in Terminating Parental Rights - If a birth parent used an alias name in terminating...

§48-23-501. Prerequisites to Disclosure of Identifying Information - §48-23-501. Prerequisites to disclosure of identifying information. The adult adoptee...

§48-23-502. Counseling of Registrants - Upon registering, the registrant shall participate in not less than...

§48-23-503. Cases Where Disclosure of Identifying Information Cannot Occur - In any case where the identity of the birth father...

§48-23-504. Matching and Disclosure Procedures - (a) Each mutual consent voluntary adoption registry must be operated...

§48-23-505. Retention of Data by the Registry - Any affidavits filed and other information collected shall be retained...

§48-23-506. Scope of Information Obtained by the Mutual Consent Voluntary Adoption Registry - A mutual consent voluntary adoption registry shall obtain only information...

§48-23-507. Fees for Operations of the Mutual Consent Voluntary Adoption Registry - All costs for establishing and maintaining a mutual consent voluntary...

§48-23-601. Compilation of Nonidentifying Information on Health History and Social and Genetic History - §48-23-601. Compilation of nonidentifying information on health history and social...

§48-23-701. Prohibited Conduct - §48-23-701. Prohibited conduct. (a) No person, agency, entity or organization...

§48-23-801. Nondisclosure - §48-23-801. Nondisclosure. (a) Notwithstanding any other provision of law, the...

Article 24. Establishment of Paternity

§48-24-101. Paternity Proceedings - (a) A civil action to establish the paternity of a...

§48-24-102. Statute of Limitations; Prior Statute of Limitations Not a Bar to Action Under This Article; Effect of Prior Adjudication Between Husband and Wife - (a) Except for a proceeding brought by a child in...

§48-24-103. Medical Testing Procedures to Aid in the Determination of Paternity - (a) Prior to the commencement of an action for the...

§48-24-104. Establishment of Paternity and Duty of Support - (a) When the respondent, by verified responsive pleading, admits that...

§48-24-105. Representation of Parties - Notwithstanding any provision of this code to the contrary, no...

§48-24-106. Establishing Paternity by Acknowledgment of Natural Father - A written, notarized acknowledgment executed pursuant to the provisions of...

Article 25. Change of Name

§48-25-101. Petition to Circuit Court or Family Court for Change of Name; Contents Thereof; Notice of Application - (a) A person desiring a change of his or her...

§48-25-102. Objections to Change of Name - Any person who is likely to be injured by the...

§48-25-103. When Court May or May Not Order Change of Name - (a) Upon the filing of the verified petition, and upon...

§48-25-104. Recordation of Order Changing Name - When such order is made the petitioner shall forthwith cause...

§48-25-105. When New Name to Be Used - When such change has been ordered and a certified copy...

§48-25-106. Unlawful Change of Name - Any person residing in this state who shall change his...

§48-25-107. Unlawful Change of Name by Certain Felons and Registrants - (a) It is unlawful for any person convicted of first...

Article 26. Domestic Violence Act

§48-26-101. Title - §48-26-101. Title. This article shall be known as the "West...

§48-26-201. Applicability of Definitions - §48-26-201. Applicability of definitions. For purposes of this article, the...

§48-26-202. Advocacy Defined - §48-26-202. Advocacy defined. "Advocacy" means assisting victims and survivors of...

§48-26-203. Batterer Intervention and Prevention Program Defined - "Batterer intervention and prevention program", previously referred to as a...

§48-26-204. Board Defined - "Board" means the Family Protection Services Board created pursuant to...

§48-26-205. Closure Defined - "Closure" means the temporary or permanent prohibition of specified services...

§48-26-206. Department Defined - "Department" means the Department of Health and Human Resources.

§48-26-207. Domestic Violence Legal Services Fund Defined - "Domestic Violence Legal Services Fund" means the special revenue account...

§48-26-208. Domestic Violence Program Defined - "Domestic violence program" means a licensed program of a locally...

§48-26-209. Family Protection Fund Defined - "Family Protection Fund" means the special revenue account established by...

§48-26-210. Intimate Partner Defined - "Intimate partner" means a current or former spouse, a person...

§48-26-211. Licenses Defined - (a) "Conditional license" means a license issued for up to...

§48-26-212. Monitored Parenting and Exchange Defined - (a) "Monitored parenting" means the contact between a parent without...

§48-26-213. Outreach Defined - "Outreach" means a licensed domestic violence program's community-based activities that...

§48-26-214. Shelter Defined - "Shelter" means residential services offered by a licensed domestic violence...

§48-26-301. Family Protection Services Board Continued; Terms - §48-26-301. Family protection services board continued; terms. (a) The family...

§48-26-401. Powers and Duties of Board - §48-26-401. Powers and duties of board. (a) The board shall:...

§48-26-402. Requirements, Qualifications and Terms of Licensure; Collaboration to Assist Programs - (a) No domestic violence program, batterer intervention and prevention program...

§48-26-403. Legislative Rules - (a) The board shall propose rules for legislative approval in...

§48-26-406. Closure of Programs - (a) The board may close any program that violates the...

§48-26-407. Domestic Violence Shelters Not in Violation of Zoning Rules and Resolutions as to Use - Domestic violence shelters established pursuant to section four hundred two...

§48-26-408. Hearing Procedures; Judicial Review - (a) When a license for a program is downgraded or...

§48-26-501. Development of State Public Health Plan for Reducing Domestic Violence - §48-26-501. Development of state public health plan for reducing domestic...

§48-26-502. Notice of Victims' Rights, Remedies and Available Services; Required Information - (a) The Bureau for Public Health of the Department of...

§48-26-503. Standards, Procedures and Curricula - (a) The Bureau for Public Health of the Department of...

§48-26-603. Domestic Violence Legal Services Fund - §48-26-603. Domestic Violence Legal Services Fund. (a) There is continued...

§48-26-604. Annual Reports of Licensed Programs - (a) All programs licensed pursuant to this article shall report...

§48-26-701. Confidentiality - (a) A program licensed pursuant to this article may not...

§48-26-801. Continuing Education for Certain State Employees - §48-26-801. Continuing education for certain state employees. (a)(1) Subject to...

§48-26-802. Continuing Education for Law-Enforcement Officers Concerning Domestic Violence - (a)(1) Subject to the provisions of subdivision (2) of this...

§48-26-803. Judicial Education on Domestic Violence - (a)(1) Subject to the provisions of subdivision (2) of this...

§48-26-804. Required Curricula for Public Education System - (a)(1) Subject to the provisions of subdivision (2) of this...

§48-26-805. Continuing Education for School Personnel Who Are Required to Report Child Abuse and Neglect - (a)(1) Subject to the provisions of subdivision (2) of this...

§48-26-1001. Court Orders; Use of Monitored Parenting and Exchange Programs Without Court Order - §48-26-1001. Court orders; use of monitored parenting and exchange programs...

§48-26-1002. Exclusions - The provisions of this part do not apply to therapeutic...

§48-26-1004. Contract by Persons Using Program - Every program shall require that the parent, guardian or other...

§48-26-1101. Referral to Shelters - §48-26-1101. Referral to shelters. Where shelters are available, the law-enforcement...

Article 27. Prevention and Treatment of Domestic Violence

§48-27-101. Findings and Purposes - §48-27-101. Findings and purposes. (a) The Legislature of this state...

§48-27-201. Applicability of Definitions - §48-27-201. Applicability of definitions. For the purposes of this article...

§48-27-202. Domestic Violence Defined - §48-27-202. Domestic violence defined. "Domestic violence" or "abuse" means the...

§48-27-203. Emergency Hearing Defined - "Emergency hearing" means the hearing before a magistrate upon the...

§48-27-204. Family or Household Members Defined - §48-27-204. Family or household members defined. "Family or household members"...

§48-27-205. Final Hearing Defined - "Final hearing" means the hearing before a family court judge...

§48-27-206. Law-Enforcement Agency Defined - (a) "Law-enforcement agency" means and is limited to: (1) The...

§48-27-207. Program for Victims of Domestic Violence Defined - "Program for victims of domestic violence" means a licensed program...

§48-27-208. Program of Intervention for Perpetrators Defined - "Program of intervention for perpetrators" means a licensed program, where...

§48-27-209. Protective Order Defined - "Protective order" means an emergency protective order entered by a...

§48-27-301. Jurisdiction - §48-27-301. Jurisdiction. (a) Circuit courts, family courts and magistrate courts...

§48-27-302. Venue - The action may be heard in the county in which...

§48-27-303. Effect of Petitioner Leaving Residence - The petitioner's right to relief under this article shall not...

§48-27-304. Commencement of Proceeding - §48-27-304. Commencement of proceeding. (a) An action under this article...

§48-27-305. Persons Who May File Petition - A petition for a protective order may be filed by:...

§48-27-306. Counterclaim or Affirmative Defenses - (a) A respondent named in a petition alleging domestic violence...

§48-27-307. Persons Accompanying Petitioner - No person accompanying a person who is seeking to file...

§48-27-308. Charges for Fees and Costs Postponed - No fees shall be charged for the filing of petitions...

§48-27-309. Priority of Petitions - Any petition filed under the provisions of this article shall...

§48-27-310. Full Faith and Credit - Any protective order issued pursuant to this article shall be...

§48-27-311. Service of Process - A protective order may be served: (1) On the respondent...

§48-27-312. Production of Documents Pursuant to a Subpoena Duces Tecum - §48-27-312. Production of documents pursuant to a subpoena duces tecum....

§48-27-401. Interaction Between Domestic Proceedings - (a) During the pendency of a divorce action, a person...

§48-27-402. Proceedings in Magistrate Court When Temporary Divorce, Annulment, Separate Maintenance or Custody Order Is in Effect - (a) The provisions of this section apply where a temporary...

§48-27-403. Emergency Protective Orders of Court; Hearings; Persons Present - (a) Upon the filing of a verified petition under this...

§48-27-501. Issuance of Protective Order; Modification of Order - §48-27-501. Issuance of protective order; modification of order. (a) Upon...

§48-27-502. Mandatory Provisions in Protective Order - (a) A protective order must order the respondent to refrain...

§48-27-503. Permissive Provisions in Protective Order - The terms of a protective order may include: (1) Granting...

§48-27-504. Provisions in Protective Order for Person Witnessing or Reporting Domestic Violence - When the person to be protected is a person who...

§48-27-505. Time Period a Protective Order Is in Effect; Extension of Order; Notice of Order or Extension - (a) Except as otherwise provided in subsection (d), section four...

§48-27-506. Effect of Protective Order on Real and Personal Property - No order entered pursuant to this article may in any...

§48-27-507. Mutual Protective Orders Prohibited - Mutual protective orders are prohibited unless both parties have filed...

§48-27-508. Costs to Be Paid to Family Court Fund - Any person against whom a protective order is issued shall...

§48-27-509. Conditions of Visitation in Cases Involving Domestic Violence - (a) A court may award visitation of a child by...

§48-27-510. Appeals - (a) A petitioner who has been denied an emergency protective...

§48-27-511. Purging of Domestic Violence Files - Two years after the entry of a final protective order,...

§48-27-601. Transmitting Orders to Domestic Violence Database; Affidavit as to Award of Possession of Real Property; Service of Order on Respondent - §48-27-601. Transmitting orders to domestic violence database; affidavit as to...

§48-27-701. Service of Pleadings and Orders by Law-Enforcement Officers - Notwithstanding any other provision of this code to the contrary,...

§48-27-702. Law-Enforcement Officers to Provide Information, Transportation and to Report Suspicions of Animal Cruelty - (a) Any law-enforcement officer responding to an alleged incident of...

§48-27-801. Reports of Domestic Violence to State Police - LAW-ENFORCEMENT OFFICERS. §48-27-801. Reports of domestic violence to state police....

§48-27-802. Maintenance of Registry by State Police - (a) The West Virginia State Police shall maintain a registry...

§48-27-901. Civil Contempt; Violation of Protective Orders; Order to Show Cause - §48-27-901. Civil contempt; violation of protective orders; order to show...

§48-27-902. Violations of Protective Orders; Criminal Complaints - (a) Any person authorized to file a petition pursuant to...

§48-27-903. Misdemeanor Offenses for Violation of Protective Order; Repeat Offenses; Penalties - (a) A person is guilty of a misdemeanor if the...

§48-27-1001. Arrest for Violations of Protective Orders - (a) When a law-enforcement officer observes any respondent abuse the...

§48-27-1002. Arrest in Domestic Violence Matters; Conditions - (a) Notwithstanding any provision of this code to the contrary,...

§48-27-1003. Nonjudicial Enforcement of Order - (a) A law-enforcement officer of this state, upon determining that...

§48-27-1004. Immunity - This state or a local governmental agency, or a law-enforcement...

§48-27-1101. Rules of Practice and Procedure; Forms to Be Provided; Operative Date - (a) Pleadings, practice and procedure in domestic violence matters before...

§48-27-1102. Authorization for the Promulgation of Legislative Rules - The Governor's committee on crime, delinquency and correction shall develop...

§48-27-1103. Training of Law-Enforcement Officers in Domestic Violence - All law-enforcement officers shall receive training relating to response to...

§48-27-1104. Judicial Education on Domestic Violence - All circuit court judges may and magistrates and family courts...

§48-27-1105. Rule for Time-Keeping Requirements - The Supreme Court of Appeals shall promulgate a procedural rule...

Article 28. Uniform Interstate Enforcement of Domestic Violence Protection Orders Act

§48-28-1. Title - This article may be cited as the "Uniform Interstate Enforcement...

§48-28-2. Definitions - In this article: (1) "Court" means a circuit court, family...

§48-28-3. Judicial Enforcement of Order - (a) A person authorized by the law of this state...

§48-28-4. Nonjudicial Enforcement of Order - (a) A law-enforcement officer of this state, upon determining that...

§48-28-5. Registration of Order - (a) Any individual may register a foreign protection order in...

§48-28-6. Immunity - This state or a local governmental agency, or a law-enforcement...

§48-28-7. Criminal Offenses and Penalties - (a) A respondent who abuses, as that term is defined...

§48-28-8. Other Remedies - A protected individual who pursues remedies under this article is...

§48-28-9. Uniformity of Application and Construction - In applying and construing this act, consideration must be given...

§48-28-10. Transitional Provision - This article applies to: (a) Foreign protection orders issued before...

Article 28A. Address Confidentiality Program

§48-28A-101. Purpose - The Legislature finds that persons attempting to escape from actual...

§48-28A-102. Definitions - As used in this article, unless the context otherwise indicates,...

§48-28A-103. Address Confidentiality Program - (a) On or after the effective date of the enactment...

§48-28A-104. Cancellation - Certification for the program may be canceled if one or...

§48-28A-105. Use of Designated Address - (a) Upon demonstration of a program participant's certification in the...

§48-28A-106. Disclosure to Law Enforcement and State Agencies - (a) The Secretary of State may make a program participant's...

§48-28A-107. Disclosure Pursuant to Court Order or Canceled Certification - (a) The Secretary of State shall make a program participant's...

§48-28A-108. Confidentiality - A program participant's application and supporting materials are not a...

§48-28A-109. Secretary of State; Liability - This article creates no liability upon the Secretary of State...

§48-28A-110. Rules - The Secretary of State is hereby directed to propose legislative...

Article 29. Property, Rights and Liabilities of Married Women; Husband and Wife

§48-29-101. Emancipation From All Disabilities Under Common Law - DISABILITIES AND INCAPACITIES. §48-29-101. Emancipation from all disabilities under common...

§48-29-102. Emancipation From All Disabilities to Contract - All married women, including married women who are not residents...

§48-29-103. Emancipation From All Disabilities as to Personal or Real Property - All married women, including married women who are not residents...

§48-29-104. Liability for Married Woman's Torts - All married women, including married women who are not residents...

§48-29-105. Emancipation From Liability for Torts or Contracts of Spouse - No married person, including married persons who are not residents...

§48-29-201. Burden of Proof - §48-29-201. Burden of proof. The burden of proof in any...

§48-29-202. Presumption of Gift in Certain Transactions Between Husband and Wife - Where one spouse purchases real or personal property and pays...

§48-29-301. Requirement of a Writing for Contract Between Husband and Wife - §48-29-301. Requirement of a writing for contract between husband and...

§48-29-302. Loss of Consortium - A married woman may sue and recover for loss of...

§48-29-303. Liability of Husband and Wife for Purchases and Services - (a) A husband and wife are both liable for the...

Article 30. Proceeding Before a Family Law Master

§48-30-101. To 48-30-404 - Repealed. Acts, 2001 5Ex. Sess., Ch. 5.

Article 31. Uniform Deployed Parents Custody and Visitation Act

§48-31-101. Short Title - This article may be cited as the Uniform Deployed Parents...

§48-31-102. Definitions - In this article: (1) “Adult” means an individual who has...

§48-31-103. Remedies for Noncompliance - In addition to other remedies under law of this state...

§48-31-104. Jurisdiction - (a) A court may issue an order regarding custodial responsibility...

§48-31-105. Notification Required of Deploying Parent - (a) Except as otherwise provided in subsection (c) or (d)...

§48-31-106. Duty to Notify of Change of Address - (a) Except as otherwise provided in subsection (b) of this...

§48-31-107. General Consideration in Custody Proceeding of Parent’s Military Service - In a proceeding for custodial responsibility of a child of...

§48-31-201. Form of Agreement Addressing Custodial Responsibility During Deployment - (a) The parents of a child may enter into a...

§48-31-202. Nature of Authority Created by Agreement - (a) An agreement under this article is temporary and terminates...

§48-31-203. Modification of Agreement - (a) By mutual consent, the parents of a child may...

§48-31-204. Power of Attorney - A deploying parent, by power of attorney, may delegate all...

§48-31-205. Filing Agreement or Power of Attorney With Court - An agreement or power of attorney under this article shall...

§48-31-301. Proceeding for Temporary Custody Order - (a) After a deploying parent receives notice of deployment and...

§48-31-302. Expedited Hearing - If a motion to grant custodial responsibility is filed under...

§48-31-303. Testimony by Electronic Means - In a proceeding under this article, a party or witness...

§48-31-304. Effect of Prior Judicial Order or Agreement - In a proceeding for a grant of custodial responsibility pursuant...

§48-31-305. Grant of Caretaking or Decision-Making Authority to Nonparent - (a) On motion of a deploying parent and in accordance...

§48-31-306. Grant of Limited Contact - On motion of a deploying parent, and in accordance with...

§48-31-307. Nature of Authority Created by Temporary Custody Order - (a) A grant of authority under this article is temporary...

§48-31-308. Content of Temporary Custody Order - (a) An order granting custodial responsibility under this article shall:...

§48-31-309. Order for Child Support - If a court has issued an order granting caretaking authority...

§48-31-310. Modifying or Terminating Grant of Custodial Responsibility to Nonparent - (a) Except for an order under section three hundred four...

§48-31-401. Procedure for Terminating Temporary Grant of Custodial Responsibility Established by Agreement - (a) At any time after return from deployment, a temporary...

§48-31-402. Consent Procedure for Terminating Temporary Grant of Custodial Responsibility Established by Court Order - At any time after a deploying parent returns from deployment,...

§48-31-403. Visitation Before Termination of Temporary Grant of Custodial Responsibility - After a deploying parent returns from deployment until a temporary...

§48-31-404. Termination by Operation of Law of Temporary Grant of Custodial Responsibility Established by Court Order - (a) If an agreement between the parties to terminate a...

§48-31-501. Uniformity of Application and Construction - In applying and construing this uniform act, consideration shall be...

§48-31-502. Relation to Electronic Signatures in Global and National Commerce Act - This article modifies, limits, or supersedes the Electronic Signatures in...

§48-31-503. Savings Clause - This article does not affect the validity of a temporary...

<< Previous

Next >>

West Virginia Code Chapter 48. Domestic Relations

West Virginia Code
Chapter 48. Domestic Relations