i am wanting to know the guidline for west virginis visitations of a child when the child lives out of state?

Question

i am looking ot find out whe laws or guidlines for the states of west virginia when it comes to a out of states visitation... the case was filed in west virginis my daughter and i live in illinois... i am wanint to know what it covers... since the case was filed in west virginia and i live in illinois to her seeing him with out makeing a 20 hours total car trip weekely.

right now he is asking for every weekend she is a 2 yr old child we live 600 miles apart... th3 time to start fri at 4 pm tell sunday at 6 pl that would put her getting to eitherone of out houses after 11 or even midnight... along with the 20 hr total car ride eack week... i proposed one week a month he keeps her... for the fact he is a truck driver and can get the time ad my job is not as flexable.... i was informed though that each state though has their own guidlines to how an out of state visitation should work

And for the persons who do not care for the typos it is called getting up early working and being a single mother with little sleep. and for the others thank you for your help and advise with out the smart *** comments

Answer 1

There are several things that need to be answered before an accurate answer can be given to you.

1) Is there a previous court order concerning visitation and custody of the child?

2) If so, what jurisdiction was that court order from? If it's from IL, then IL laws apply. If it's from WV, WV laws apply.

3) If there are no court orders about this child, we need to know where has the child lived for the six months prior to the child visitation case being filed?

If the child has been a resident of IL for the prior 6 months, then WV has no jurisdiction, and the IL court would make the ruling. And vice versa. If you moved the child from WV, and the other parent filed a child custody/visitation case in WV before the child was gone from WV 6 months, then WV has jurisdiction.

If you think IL should have jurisdiction, you need to file in IL, and request that the action in WV be dropped since they have no jurisdiction.

4) Has he been part of the child's life already? If not, most courts will not expect the child to go stay with a stranger. They will start out with short (maybe supervised) visits so that the child may get to know the other parent. As the two become acquainted, the visits will be longer.

If you do get ordered that he gets visitation in WV, the courts will probably order one week or weekend per month, then longer visitations every few months. Once the child is school-aged, the non-custodial parent will probably get something like 1 weekend a month (or every two months) and then most of the school breaks.

You might be ordered to pay 1/2 of the transportation costs, or to transport your child 1/2 of the way. It all depends upon which court has jurisdiction, and who moved away. If you were under a previous court order, and you moved with the child to IL, you could be ordered to pay all the costs of transportation, since you created the distance.

I really doubt that they would expect a 20 hour car trip weekly for a child.

If the other parent moved away, he could be ordered to pay all the costs.

There are so many variables here. You need to have a lawyer representing your interests in the area of the court that has jurisdiction.

Good luck, and remember that you, no matter what, this person is also the parent of your child. No matter how you might feel about each other, you both need to do what's best for the child.

Answer 2

I'm sorry I don't know anything about W.V. and their laws, nor Illinois for that matter. But there is something called 'undue hardship' and you most definitely qualify!!

If HE wants to see the child every week HE should do the following A) make it HIS priority to do the visitations with ALL the expenses that it incurs B) move closer.

It isn't your responsibility to carry HIS end of the log in this. As your aware this wasn't an immaculate conception and he wants his cake and he wants to eat it too, fine and well, then HE will have to do it all these things.

Get an attorney. You could apply for Legal Aid in your county/state. Do it. Or call around for a Family lawyer who's up for some pro bono work. Most will say no, but there will be a few that will assist you in this for minimal fee.

By the way, just because he SAYS he wants all these things; I'd like to see it happen,(and I doubt HE can follow through) the distance is simply to great to overcome on a weekly basis. I can see it 3 or 4 x's yearly or during summer months.

You have my sympathies.

Answer 3

Mama pastawhatever has the best answer so far. The chick ahead of her is just bitter. Just remember, if the child was born in WV, YOU removed her from her father. That was a choice you made, not him. That works against you in court.

Mama is right in that it depends where the child has lived for the past six months. For some reason, everyone else is assuming that you were married and have a divorce decree. I didn't get that from your question.

If he has just filed, then wait and do nothing until the case comes to fruition in WV. Be prepared to answer motions from his attorney with motions of your own (from an atty). Your goal here should not be to restrict or limit his time with his daughter (that would hurt the child more than him), but to look out for her best interests. Her interests include spending as much time with her father as possible (barring any negative attributes, like drug abuse, of course). Traveling 20hrs each week would not be in her best interest. If he can't be expected to do it, then she certainly can't.

The courts in both jurisdictions will look at the situation and, hopefully, will make a ruling that will accomodate the child first of all. Be prepared to surrender her to him on holidays, regular weekend stays (not every weekend, though), and summers.

My best, most prudent advice is to remain on civil terms with her father. When parents use their children to get back at one another, the child suffers most. Always keep in mind that she is NOT 'your daughter'. She is just as much his, and regardless of how you feel about him, children need the love and stability of two parents. Poisoning her against him will definately come back to haunt you when she gets older. Be as flexible and accomodating with him as you can, but don't make her ride 20 hrs a week to settle this. Come up with a better solution.

Answer 4

Normally the law master in the county where the divorce was filed will allow the non-custodial parent 2 weeks in the summer and whatever other arrangements are agreeable to both parties.

You must file a motion to have this done. You can do it pro-se with help from someone at the courthouse.

Answer 5

This issue will have to be negotiated in court. If you did not have it in the decree, you will have to go back to change it. has nothing to do with state laws but the divorce decree or visitation in your documents. sorry it happens all the time,. but you can petition the court for a change and have at least a reasonable equity in costs between you

Answer 6

you will have to meet in the middle, or share plane fare expenses. if you cant agree: i usually dont recommend hiring a blood sucking attorney, but after seeing the spelling errors in your Q, i would say that in order to get what you need, you should have representation.