Child Custody Concerns

Summary

Evidence of drug use and neglecting court-ordered visitation can impact custody decisions in West Virginia. The court prioritizes the childs well-being. Even if marijuana use is decriminalized, its negative impact on the child can influence custody. Consistent communication and visitation are crucial. Collect evidence of neglect and consult a local lawyer for personalized advice. Consider exploring options like de facto parent status or adoption for your fiancé.

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West Virginia
I understand your concern. In West Virginia:
- Evidence of drug use can impact custody decisions.
- The court considers the child's well-being first.
- You may need to demonstrate that this behavior harms your child.
Please consult a local lawyer for personalized advice.
Even if it has been decriminalized in my state ?
Yes, even if marijuana use is decriminalized in West Virginia, the court's primary concern is child's welfare. If you can show that his drug use is negatively affecting the child, it could potentially influence custody decisions.
Well he doesn’t exercise his court ordered rights. He never asks about him or shows up for pick ups. He just doesn’t communicate at all unless I initiate it. Our son will be * this month and I’m concerned with not only the drug use but the inconsistency with visitation and communication.
In West Virginia:
- Neglecting court-ordered rights can affect custody.
- Consistent communication and visitation are key components in custody cases.
- Collect evidence of these neglects, it will be useful in court.
Consult a lawyer for personalized advice.
Thank you
You're welcome! It's important to protect your child's best interests. Remember to gather all evidence, consult with a lawyer, and consider filing a motion in court. Don't hesitate to reach out if you have more questions.
My child’s best interests is to be with my and my fiancé full time. He’s acted as his father since he was 9 months old.
I understand. If you'd like the court to consider your fiancé as your child's acting father, you may need to explore adoption or establishing him as a de facto parent. Have you considered these options?
What does de facto parent mean?
A de facto parent refers to an individual who fulfills a child's psychological and physical caregiving needs, even though they are not biologically or legally related. Courts may recognize this person as having parental rights and responsibilities.
Okay thank you for that information. I will consider this for sure.
I'm glad you found the information helpful. If you decide to pursue the de facto parent route or any other legal action, make sure to consult with a local attorney for guidance. Do you have any other questions about this or any other legal matter?
Not at this time. Just trying to protect my son.
I absolutely understand. Your son's welfare is the priority. Feel free to return anytime you need more legal information. Remember, consult a local attorney to get personalized advice for your situation. Take care!