What Assets Are Untouchable in a Divorce?

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Divorce involves many difficult decisions, and one of the biggest concerns is how to divide assets. Knowing which assets are off-limits during this process can help ease some worries, but it’s also important to remember that every divorce is different and must be treated as such.

That’s where we can help. The divorce attorneys at Pence Law Firm can look at your marriage, assets, debts, and other factors in your divorce to help you understand potential outcomes. Call us at 304-345-7250 to get started.

Personal Belongings

Personal belongings in a divorce are items one spouse exclusively owns and uses. Common examples include clothing, personal hygiene items, and personal electronics. These items are usually seen as separate property, meaning they are not subject to division between spouses.

While most personal belongings are off-limits, valuable items like jewelry or art can be treated differently. If an expensive piece of jewelry was a gift specifically to one spouse, it might remain untouchable. However, its treatment can vary based on its use and the specifics of the situation.

Gifts and Inheritances

Gifts and inheritances occupy a unique space in divorce proceedings. Generally, gifts given to one spouse and inheritances received by one spouse are considered separate property, making them untouchable in the asset division process. These items remain with the original recipient, provided there is no evidence that they were intended to be shared with the spouse.

For example, a family heirloom passed down to one spouse would typically remain their property. However, if the asset was commingled with marital property, it might lose its separate status, becoming a subject for division.

Premarital Assets

Premarital assets include properties and belongings acquired before the marriage. These assets are typically seen as separate property and remain untouchable during a divorce. Examples might be savings accounts, real estate, or personal items owned before tying the knot. To keep these assets protected, it’s crucial not to mix them with marital assets. For instance, if you had a savings account before marriage, avoid depositing marital funds into it. Commingling assets can lead to everything involved being considered marital property.

Assets Protected by Prenuptial Agreements

Prenuptial agreements are legal documents that couples sign before getting married. These agreements spell out how assets will be divided if the marriage ends. They are particularly useful for protecting assets like property, investments, or businesses.

When you have a prenuptial agreement, it can clearly define which items are considered separate property and therefore not subject to division during a divorce. This means that any assets listed in the prenuptial agreement will stay with the original owner, as long as the agreement is valid. To be effective, the agreement must be written clearly and signed by both parties. If done correctly, a prenuptial agreement can provide peace of mind and ensure that your assets are protected.

Postnuptial agreements can also specify which assets are not to be touched during divorce. While postnuptial agreements are much less common than prenuptial agreements, they can be useful. For example, if one spouse is unfaithful or causes significant financial distress to their partner, their partner may demand a postnuptial agreement as a condition of giving them a second chance.

Steps to Protect Assets During Divorce

Safeguarding assets during a divorce is an important part of setting yourself up for financial stability. One of the most effective steps is to maintain clear records of ownership and the origins of assets. This documentation is essential in distinguishing between marital and separate property. Consulting with a qualified lawyer who specializes in divorce can provide invaluable guidance and help you navigate the complexities of asset protection. Legal advice can ensure that you are fully aware of your rights and the best ways to secure your financial future.

Finally, don’t make the mistake of attempting to hide assets that you’re afraid will be subject to division. This can severely harm your divorce case and cause the judge to order a division of assets that essentially punishes you for your egregious behavior. Keep everything above board.

Choose Pence Law Firm for Your Divorce Case

The team at Pence Law Firm is ready and waiting to discuss the next steps in your divorce. Schedule your consultation now by calling 304-345-7250 or contacting us online.

 

Protecting Family Businesses During a West Virginia Divorce

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Divorce is a challenging process, especially when a family business is part of the equation. It’s essential to recognize that a family business often holds more than just financial value; it can symbolize years of dedication and effort. Understanding how divorce can affect your business will help you take the necessary steps to protect it.

The team at Pence Law Firm can advocate for you as you aim to protect your best interests during divorce. Give us a call at 304-345-7250 to set up a time to discuss your case with our team.

Legal Factors in West Virginia

In West Virginia, divorce laws impact how family business assets are divided. The state is an equitable distribution site. This means that marital assets—including businesses started or acquired during the marriage—are divided fairly in a way that considers both parties’ contributions and needs.

Various factors influence this distribution, such as the duration of the marriage, the contribution of each spouse to the business, and the economic circumstances of both parties. Knowing these factors will help you anticipate potential outcomes and prepare accordingly.

Assessing the Value of the Family Business

Determining the value of your family business is important during a divorce. An accurate valuation helps both parties understand the business’s worth, which is essential for fair division. To achieve this, several methods can be used. You may use the discounted cash flow method, which is based on the company’s expected income generation in the future. The enterprise value looks at a company’s debt, equity, and cash to determine the business’s value. The right method depends on the type of business you own, how stable its income is, and numerous other factors.

Approaches for Business Distribution

There are several common methods to divide a family business during a divorce. One option is for one spouse to buy out the other’s share, allowing the business to continue under one owner. Another possibility is to sell the business and divide the proceeds. Alternatively, both spouses may choose to co-own the business post-divorce, though this requires a strong professional relationship. Each option comes with its own set of pros and cons, and it’s important to weigh these carefully.

 

Safeguarding Business Interests

Protecting your business during a divorce requires proactive steps. One effective strategy is to draft a prenuptial or post-nuptial agreement, which can clearly outline what happens to the business in the event of a divorce. This can prevent disputes and ensure your intentions are honored. Keeping detailed records of your business activities, finances, and ownership is also vital. These records can serve as evidence of the business’s value and your contribution to it.

Additionally, it’s important to separate personal and business finances as much as possible. Mixing them can complicate the division process and potentially harm your business.

Planning for the Future

Once your divorce is finalized, it’s important to look ahead and plan for the future of your family business. Start by assessing the current state of your business and identifying any immediate needs or changes. This might include redefining roles and responsibilities to ensure that the business runs smoothly without interruption.

Consider developing a clear and detailed business plan that outlines your goals and strategies moving forward. This plan should include both short-term and long-term objectives, helping you stay focused and organized. It’s also a good idea to review your business’s financial health, including any debts or obligations that need to be addressed.

Communication is key during this period. Make sure to keep an open line of dialogue with employees, partners, and any other stakeholders. Keeping everyone informed about changes and future plans can help maintain trust and stability within the business.

By taking these proactive steps, you can help ensure that your family business not only survives but thrives, even after significant personal changes. This forward-thinking approach can pave the way for continued success and stability.

Choose Pence Law Firm for Your Charleston Divorce

Although divorce is never easy, you can limit your stress and anxiety with the help of the right legal team. Let’s talk more about your divorce and what you hope to get from it. Just contact us online or call our team at 304-345-7250 to schedu

Crafting Prenuptial Agreements for Blended Families

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A strong prenuptial agreement can explain how money and property will be divided if the couple gets divorced or if one partner passes away. While these contracts are widely recommended for engaged couples, they are particularly important for blended families where both parents want to protect their children’s best interests. However, drafting a prenup for a blended family does bring up some unique questions—and that’s why it’s important to talk to an attorney.

At Pence Law Firm, we know how important it is to you to ensure a smooth transition into life as a blended family. We can help. Learn more about our prenuptial agreement services by calling us at 304-345-7250.

Special Factors to Consider When Finalizing a Prenuptial Agreement for a Blended Family

Blended families face specific challenges that complicate financial planning. One major concern is ensuring financial security for children from previous relationships. Each partner may have distinct financial obligations and expectations regarding their children, and addressing these concerns upfront is essential.

Clear communication and planning are important. Partners need to openly discuss their financial situations, expectations, and obligations to prevent misunderstandings and conflicts later on.

It’s also important to address the division of assets brought into the marriage. Blended families often involve different sets of financial histories and assets, which can make the division of property more complicated. Being specific about what belongs to whom and how assets will be managed can prevent disputes.

Additionally, consider how to handle ongoing financial responsibilities like child support from previous relationships. These obligations must be clearly outlined to avoid any future conflicts.

Essential Components to Incorporate in a Prenuptial Agreement

When creating a prenuptial agreement for a blended family, there are several key components to consider. First, outline how property and assets will be divided. Clearly state which assets are individual property and which are shared to avoid future disputes. This clarity is vital when significant assets are brought into the marriage.

Another important component is the protection of children’s interests from previous relationships. Specify how assets will be allocated to support these children and outline inheritance plans to ensure they are provided for.

Additionally, the agreement should address any financial obligations from past relationships, such as child support. This ensures that these responsibilities are clear and prevents conflicts down the road.

Finally, consider how to handle ongoing financial responsibilities and future changes, like additional children or major shifts in financial circumstances. This can help keep the agreement relevant and fair over time.

Steps to Formulate a Prenuptial Agreement

Start by having an open conversation with your partner about your financial expectations and responsibilities. Discuss your goals, how you plan to handle existing obligations, and the importance of protecting the interests of children from previous relationships. Transparency is key to building trust and ensuring both parties feel heard.

Next, make a list of your assets and debts. Clearly distinguish between what you each brought into the marriage and what you plan to acquire together. This will help outline what is considered individual property and what will be shared, reducing the chance of future disagreements.

It’s also important to think about how you will manage ongoing financial responsibilities, such as child support from previous relationships. Addressing these obligations upfront can prevent misunderstandings later on.

Consider the possibility of future changes and discuss these scenarios in advance. This will make it easier to update the agreement as needed. Regularly reviewing the prenuptial agreement can help ensure it remains fair and relevant.

Finally, seek legal advice to make sure your agreement is both legally sound and enforceable. A lawyer can provide valuable guidance and help draft an agreement that reflects the interests and intentions of both partners. They can also facilitate open discussions, ensuring transparency and fairness throughout the process.

Some states require that both parties have their own attorney review the prenuptial agreement to ensure its fairness. West Virginia does not have this requirement; a prenup must just be in writing and signed voluntarily by both parties. However, it is highly recommended that both parties have an attorney review the prenup to ensure that their interests are protected.

Choose Pence Law Firm for Your Legal Needs

The team at Pence Law Firm can help you navigate your prenuptial agreement and lay the foundation for a strong and healthy marriage. Contact us online or call us at 304-345-7250 to get started.

 

The Pros and Cons of Mediation vs. Litigation in High Asset Divorce Cases

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High-asset divorce cases can be complex and emotionally charged. When significant financial assets are at stake, choosing the right approach to resolving the divorce is crucial. Two common methods for handling these types of divorces are mediation and litigation. Each has its advantages and disadvantages, depending on the specifics of your situation.

Wondering how you should approach your West Virginia divorce? The team at Pence Law Firm can help. Call us at 304-345-7250 to set up a consultation now.

Mediation and Litigation in High Asset Divorces in West Virginia

Mediation and litigation offer two distinct pathways for resolving disputes in high-asset divorces. Mediation involves both parties working together with a neutral mediator to reach a mutual agreement. This process is more private and informal, focusing on cooperation and compromise.

Conversely, litigation takes place in a courtroom, where a judge makes the final decisions. This method is more formal, public, and often contentious. Understanding the differences between these approaches is essential when dealing with the division of substantial assets. Mediation emphasizes collaboration and can be less costly, while litigation ensures legal oversight and can address issues of transparency and fairness.

Pros of Mediation in High-Asset Divorce Cases in West Virginia

One of the main advantages of mediation in high-asset divorce cases is its ability to foster open communication and cooperation. This can help maintain a civil relationship between the parties involved, which is particularly beneficial if children are part of the equation.

Another significant benefit is cost-effectiveness. Mediation often proves to be less expensive than litigation, as it avoids the need for a prolonged court battle, thus saving on legal fees and other associated expenses. Additionally, the process tends to be faster, enabling both parties to move on with their lives more quickly.

Mediation also offers a higher degree of control over the final agreement. Instead of leaving crucial decisions to a judge, both parties work together to find mutually acceptable solutions. This collaborative approach can lead to more tailored and satisfactory outcomes.

Cons of Mediation in High-Asset Divorce Cases

While mediation has many advantages, it is not always the right choice for everyone. One major downside is that both parties need to be willing to work together and compromise. If one spouse is not cooperative or is hiding assets, mediation can quickly become ineffective and unfair.

Additionally, power imbalances can be a problem. If one spouse is more financially savvy or more assertive, they may dominate the discussions, leading to an agreement that isn’t truly fair. This can be especially problematic in high-asset divorces where the stakes are high.

Pros of Litigation in High-Asset Divorce Cases

Litigation provides a structured environment where a judge makes decisions based on legal principles, ensuring a fair division of assets. This is especially important in high-asset divorces, where complex financial matters need clear legal oversight.

For cases involving significant conflict or lack of trust, litigation requires full disclosure of financial information from both parties, which can uncover hidden assets and ensure transparency. This formal setting helps to level the playing field, making sure both parties are honest and forthcoming.

Legal representation is another key advantage. In litigation, each party has the right to an attorney who can advocate for their interests. This is particularly beneficial if one party lacks the confidence or knowledge to negotiate effectively on their own.

Additionally, the court orders that come from litigation are legally enforceable. This means that if one party fails to comply with the terms of the agreement, the other party can seek enforcement through the legal system, providing a layer of security and assurance that can be critical in high-asset cases.

Cons of Litigation in High-Asset Divorce Cases

One of the significant drawbacks of litigation is its high cost. Legal fees can quickly escalate, especially when dealing with complex financial assets that may require expert testimony or additional legal resources. This can put a significant financial strain on both parties.

The litigation process is also time-consuming. Court schedules and legal procedures can lead to lengthy delays, often prolonging the emotional and financial stress involved in a high-net-worth divorce. This extended timeline can be frustrating for both parties as they wait for a resolution.

Finally, the public nature of court proceedings means that personal and financial details become part of the public record. This lack of privacy can be uncomfortable, especially for those who value discretion regarding their financial affairs.

Choose Pence Law Firm for Your Divorce Case

Whichever way you decide to proceed with your divorce, the team at Pence Law Firm is here to help you get started. Call us at 304-345-7250 or get in touch online

The Role of Prenuptial Agreements in Protecting Family Heirlooms and Assets

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Prenuptial agreements, often referred to as prenups, are legal documents that couples sign before getting married to establish the financial terms of their marriage in case of divorce. While prenups are commonly associated with protecting assets, they can also play a crucial role in safeguarding family heirlooms and possessions with sentimental value.

Wondering if a prenuptial agreement is necessary and how you can explore your options? Let’s talk. Call Pence Law Firm at 304-345-7250 to set up a consultation right away.

Understanding Prenuptial Agreements

Prenuptial agreements are essentially plans for how a couple will divide their assets, including money and property if they ever decide to go their separate ways. These agreements can cover a lot of ground: who owns what, how debts will be handled, and even if one person might receive financial support from the other after a divorce. The key idea here is to get these decisions made ahead of time. That way, if things don’t work out, there’s no big fight over who gets what—everything’s already been agreed upon. 

For those who have special items, like a family heirloom or a piece of property they really care about, prenups are a way to make sure these stay in the family or with the person who brought them into the marriage. To make a prenup work, it has to follow the rules, which can vary depending on where you live. That’s why talking to a West Virginia attorney who knows the ins and outs can make sure your prenup does what you need it to do.

The Importance of Protecting Your Family Heirlooms

Family heirlooms are more than just objects. They are stories, memories, and legacies wrapped up in physical form. These treasures, passed down from generation to generation, might include your grandmother’s wedding ring, a century-old family portrait, or a handcrafted antique clock. They carry immense sentimental value and are irreplaceable parts of a family’s history. When a marriage comes to an end, the question of who gets these heirlooms can lead to heartache and disputes. 

A well-thought-out prenuptial agreement can serve as a safeguard, ensuring that such precious items stay where they belong – within the family lineage. By clearly listing these heirlooms and specifying their fate in a prenup, couples can prevent future disagreements and ensure that these symbols of family heritage are preserved for future generations. It’s a way of honoring the past while protecting the future, making certain that these items of emotional significance continue to tell their stories for many more years to come.

You may think that this issue won’t arise—why would someone want another person’s family heirlooms after a divorce? Unfortunately, divorce can make people act very out of character. It’s not uncommon for someone to fight for a family heirloom or antique simply as a way to hurt their ex, even if they aren’t actually invested in keeping it.

Legal Considerations for Prenuptial Agreements

It’s important to recognize that you can’t put anything you want into a prenuptial agreement. West Virginia law lays out specific requirements for legally enforceable prenups, and ignoring these requirements can leave you with a prenuptial agreement that’s nothing more than a piece of paper. In West Virginia, a prenup must be in writing and signed by both parties. Furthermore, both parties must have had the chance to seek legal counsel. Your prenuptial agreement may include terms discussing your financial obligations after marriage and the division of assets, but it cannot discuss issues like child support and custody. 

Those topics and the decisions made by the court are based on the interests of the child—not a legal document. Essentially, you can’t waive your child’s rights via a prenup. Finally, a prenuptial agreement is not legally enforceable if the court determines that it was signed under duress or coercion. This may be the case if, for example, one spouse presents it to the other immediately before a wedding, threatening them with canceling the wedding if they don’t sign immediately. This is not something done in good faith, nor does it give the other party time to review it.

Discuss Your Next Steps with Pence Law Firm

Whether you want to draft a prenuptial agreement or review one presented to you, Pence Law Firm is here to help. Set up your consultation now by calling us at 304-345-7250 or contacting us online.

Does Child Support Cover Your Kid’s Extracurricular Activities?

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Raising a child is expensive. Even when you use secondhand kids’ items, choose hand-me-down clothes, and use other resources available to you, raising a child to adulthood costs hundreds of thousands of dollars. When you add in extracurricular activities, the bill gets even higher. This raises the question: how are extracurricular activities handled when it comes to child support?

Learn more about what state law says and how you can plan ahead for your child’s extracurricular activities. To learn more about your options, call Pence Law Firm at 304-345-7250.

What Child Support Covers

Child support in West Virginia covers a wide enrage of expenses. At its core, it covers the basic expenses associated with raising a child—housing them, feeding them, and ensuring that their basic medical needs are met. It also covers the expenses that routinely come up for parents, such as clothing, school supplies, and hygiene items. However, beyond the basic child support obligation, there are other expenses that child support may cover. 

For example, if a child has extraordinary medical needs, a child support order may include additional money for those expenses. This is common for children with serious diagnoses or disabilities. Child support may also include money for daycare and other types of childcare that are required for the parents to work.

Calculating Child Support in West Virginia

There are a few different ways to calculate child support, and each state has the right to set its own calculations and procedures. West Virginia starts with the assumption that both parents are responsible for meeting their child’s financial needs. They calculate child support based on the idea that both parents pay child support in a way that accounts for their custodial role and the amount of income they bring in. 

Let’s assume that the court looks at both parents’ income and determines that $600 is owed in child support. In this case, the parents have a traditional custody split where one parent has custody and the other has visitation. The parents’ combined monthly income is $2,000. The custodial parent brings in $500 per month or 25% of the joint income, so they pay 25% of that—$150. The non-custodial parent brings in $1,500 and is responsible for 75%, or $450. If you take 600 and subtract the custodial parent’s contribution, they will receive $450 from the non-custodial parent.

There are obviously cases that aren’t quite so cut-and-dry. For example, if the parenting time is closer to an equal split, the formula may be adjusted accordingly. The calculation may also be different if there are drastic income disparities or unusual circumstances.

Your Child’s Extracurricular Activities

What, then, does the law say about extracurricular activities? Extracurricular activities are not automatically accounted for in child support, but they also aren’t automatically split between the parents. That’s why it’s important to work with an attorney while drafting a parenting plan and divorce order. 

Even if your children are young now, they will have extracurricular expenses in the future—and if you don’t include a clause in your divorce order about paying for those extracurricular activities, the parent who signs them up will likely be left footing the bill. This can be difficult when one parent is passionate about their child pursuing their interests and the other simply wants to limit their financial losses. It’s especially important to address this matter if your children are already old enough to start extracurricular activities, as you know then just how expensive they can be. Your children shouldn’t be left having to skip out on activities they love because of a dispute between parents.

What to Do When Your Child Starts Extracurricular Activities

Keeping the lines of communication open is crucial. When your child starts getting interested in non-school activities, make sure you can help them explore their passions. Many parents can work together to come to an agreement regarding extracurricular scheduling and financial coverage. When you reach an impasse, it may be time to reach back out to your divorce attorney and figure out what your options are.

Discuss Your Case with Pence Law Firm

The team at Pence Law Firm is here to help you create or modify a child support order that meets your child’s needs. Find out how we can help now—just call us at 304-345-7250 or contact us online.

Should I Agree to Pay Above the Child Support Guidelines?

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It’s no secret that children are expensive, and when a West Virginia couple divorces, the higher-earning party often has to chip in more to ensure that their children’s needs are met. But what if the child support guidelines laid out by the state still don’t meet the child’s needs? If you’re considering paying above and beyond the child support guidelines, it’s important to know how it may affect you down the line.

As you figure out a fair and reasonable child support agreement, make sure you have a strong legal team representing you. Call Pence Law Firm at 304-407-7852 to set up a consultation with our team right away.

Child Support Guidelines in West Virginia

West Virginia uses the Income Shares Support Formula, which calculates both parents’ income and assumes that both parties would be contributing to the child’s upbringing were they to stay married. The calculator also accounts for how much time the children spend with each parent, how many children there are, and any unique expenses involved in caring for the children. Even if child custody is split 50/50, it’s likely that a parent who earns significantly more will pay child support to the lower-earning parent.

There are many higher-earning parents who decide to pay more than what the state requires. Learn more about what this means for you.

Factors That May Influence Your Decision

There are a number of factors that may sway your decision. Perhaps you have the financial capacity to pay above the child support guidelines, and you want to ensure that your child has the quality of life you feel they deserve. Your child may also have unusually expensive extracurricular activities, private school tuition, or medical expenses that push you to give more. If you know that the other parent struggles financially, you may want to support them by providing more financially. Some people also use additional child support as leverage; if you want additional time with your children, you may compromise by providing additional support.

The Benefits and Risks of Overpaying

There are several benefits of paying over what the child support calculator states, including:

  • Showing your commitment to your child and their best interests
  • Limiting conflict with your co-parent and providing for your child in a meaningful way
  • Giving yourself some wiggle room—should your financial circumstances change in the future, you may be able to decrease child support but still be within what the law recommends
  • Allowing your child to participate in more activities and enjoy life to the fullest

However, there are potential risks to consider:

  • If your financial circumstances change and your child support is legally ordered, you may have to go through the expense of hiring a lawyer and going to court to get the order changed
  • Resentment may build if you limit your own quality of life in order to provide extra, particularly if your co-parent isn’t appreciative
  • Potential of having your extra child support used to enrich your co-parent’s life rather than your child’s life

Protecting Yourself Legally

Before you agree to anything, it’s important to discuss your options with a Charleston child support lawyer. If your child support order includes extra child support, that is legally binding—you cannot simply decide to stop paying the “extra” because it is above the child support guidelines. At that point, it is part of a court order, and failing to pay could put you in contempt. 

This is something to think about before agreeing to any set number. If you want to pay extra without the risk of a sudden change in financial circumstances, consider having your child support order reflect the state-mandated amount and paying the rest informally. However, you should discuss these and other options with your lawyer to make the best choice for you and your children.

Explore Your Legal Options with Pence Law Firm

Ready to find the best child support solution for your financial needs? The team at Pence Law Firm is here to help you. Our experience in family law gives us the knowledge and skills needed to handle even the most complex child support cases. Get started now by calling us at 304-407-7852 or filling out our online contact form.

Important Things to Know About Modifying a Child Custody Arrangement

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The initial custody agreement you and a coparent agree on may not work forever. Life changes, and it’s important that custody arrangements change with it. However, getting a modification in a child custody arrangement can be a challenge. It’s crucial to know what the court will look for, why the court may be willing to grant a modification, and how to approach a conversation on this matter with your coparent.

Looking for help with your custody modification request? It’s time to talk to the team at Pence Law Firm about your options and next steps. Call us at 304-407-7852 to set up a consultation now.

Grounds for Modification in West Virginia

Each state takes a slightly different approach to child custody modifications, so looking into what West Virginia law says can be very helpful. To start, the person who is requesting the custody order must be prepared to show the court that circumstances have changed substantially since the previous custody order was put in place. They must show that the change they are suggesting is in the child’s best interests and will benefit them.

A substantial change in circumstances can look different in every single family. Perhaps coparents had agreed on a traditional schedule where one parent had the child most of the time, with the other parent having every other weekend and some holidays. If the primary caregiver has gone back to work and has a schedule that doesn’t allow them to have the child full-time, they may be interested in moving to a 50-50 schedule. 

In the easiest custody modifications, both parents agree on the necessary change and sign off on it. In these circumstances, the parents often just sign off on the necessary paperwork and wait for the court to approve it. Note, though, that the court can deny any arrangement that it deems to be not in the child’s best interests.

There are scenarios in which the court may change custody even if circumstances haven’t materially changed. For example, an older teenager may want to live with one parent primarily, even if their situation hasn’t changed since the last modification. The court may also agree to a change if the parents have been splitting time in a way different than what is in their court order.

How to Request a Modification

The parent interested in changing custody—or both parents, if they are in agreement—can submit a Petition for Modification, which is available along with other family laws forms on the West Virginia Judiciary site. Be prepared to describe what changes you would like to see in the parenting plan, the circumstances warranting a custody change, and other relevant information.

From there, the form will be filed with the circuit court and sent to the other parent. You’ll receive a court date during which you’ll have a chance to make your case. If you and your coparent agree on the necessary changes, the judge may simply sign off on the order and handle your request that way.

What the Court Considers

When making a decision regarding a custody modification, the court looks into a wide range of factors. It’s important to remember that above all, the child’s best interests are the priority. To determine what is in a child’s best interests, the court may consider:

  • The child’s current relationship with both parents
  • How the requested change would affect the child’s relationship with both parents
  • Each parent’s ability to provide a stable and healthy environment for the child
  • The reason for the request
  • The preferences of the child if the child is old enough to voice their opinion

The court also generally prefers coparents to work out an agreement together. By approaching this conversation with a calm demeanor and a willingness to understand your co-parent’s point of view, you may be able to reach an agreement before court.

Facing Family Law Issues? Contact Pence Law Firm Today

If you have family law issues in West Virginia, it’s time to talk to the team at Pence Law Firm. We can help you learn more about your options and develop a plan. Reach out online or call us at 204-407-7852 to set up a consultation.

The Role of Guardian Ad Litem in Divorce and Child Custody Cases

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If you have a legal issue involving children, the court may assign a Guardian Ad Litem to your case. When a child’s best interests are involved, it can be difficult for the court to decide what’s best for the child in question. Both parents have their input, but what the child truly needs is an impartial advocate—and that’s the Guardian Ad Litem, or GAL.

Find out what role a GAL may play in your legal issue, and when you’re ready for more personalized guidance with your family law concerns, call Pence Law Firm at 304-407-7852 to set up a consultation.

How the Guardian Ad Litem Helps in Divorce Cases

When a couple with minor children is getting divorced, a GAL may be appointed to protect the children’s best interests. This is especially important when the parents are deeply divided about what is best for the children or when one party appears to be manipulating the situation against the other parent.

The GAL may investigate the children’s living conditions, relationships with both parents and how their needs are met in both households. They may talk to the children, interview parents, and ask questions of other adults in the children’s lives. For example, they may talk to teachers, therapists, and doctors.

One of a Guardian Ad Litem’s most important jobs is assessing each parent’s ability to meet their children’s needs. Their goal is to determine to what extent each parent can meet a child’s physical, emotional, developmental, and educational needs. They get a lot of the information they need during the parent interviews, but they can also learn a lot simply by seeing the parents interact with the children. Relevant factors include any history of domestic violence, each parent’s mental health, the stability of each parent, and each individual’s general parenting skills.

Once the GAL has gotten the information they need, they will make official recommendations to the court. Their goal is to ensure that the children’s needs are met and that they benefit from a safe, nurturing environment.

What the Guardian Ad Litem Does in Child Custody Cases

Child custody issues may arise between never-married parents or divorced parents with an established custody order. In these cases, the GAL does much of the same work they do in a divorce case. They look into the child’s relationship with both parents and each parent’s ability to meet the developmental needs of the child.

If either side brings up allegations of abuse or parental alienation, the GAL’s job is to assess the validity of those claims. This often involves reviewing medical records, talking to other trusted adults in the child’s life, and gathering more information from each parent. For example, they may be able to figure out whether or not parental alienation is occurring based on the language used by the child and if that language appears coached or developmentally appropriate.

By gathering their own information and collaborating with other professionals, the Guardian Ad Litem can make custody recommendations to the court.

Working With the Guardian Ad Litem

It’s important to avoid viewing the Guardian Ad Litem as an enemy or as someone interfering in your relationship with your child. They, like you, just want what is best for your child. Communicate with them openly and honestly, but avoid talking at length about irrelevant topics or delving too deep into your divorce.

Make yourself an active participant in the legal process by cooperating with the GAL, providing the information and documentation they need, and attending all court dates and interviews. When you do communicate with the Guardian Ad Litem, stay respectful and succinct. Don’t initiate confrontations or try to manipulate their view of the situation.

Be ready to provide any documentation the GAL requests. They may want a child’s attendance records, medical records, academic assessments, or therapy notes. They may also want character references who can speak to your ability as a parent.

Explore Your Legal Options with the Help of Pence Law Firm

When you work with the team at Pence Law Firm, you can rest easy knowing that your family law concerns are in good hands. Whether you need help with your divorce or a child custody case, our team of Charleston family law attorneys is here to help. To schedule your free consultation, call us at 304-407-7852 or reach out online.

Establishing Paternity and Its Impact on Child Support and Custody

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Questions of paternity can be painful and confusing to navigate. Perhaps you’re in a long-term relationship but not married, and you need to know how to get on the birth certificate as your child’s legal father. Maybe you’re questioning the paternity of a child you’ve raised as your own. You may have just found out about the existence of a child that is very likely yours.

No matter what has led you here, we’re here to help. As you figure out your next steps, turn to the team at Pence Law Firm to advocate for you. Call us at 304-407-7852 to set up a consultation now.

How to Establish Paternity

Paternity does not need to be established in every single case. If a child is conceived or born out of wedlock, during a separation, or during a divorce, you must establish paternity. However, even if you are married and the child was born during your marriage, you can seek to prove paternity.

There are several ways to go about establishing paternity in West Virginia. By following any of these accepted routes, you can be legally named as a child’s father. This enables you to seek parenting time and allows either party to establish child support. You can establish paternity by:

  • You can voluntarily acknowledge that you are a child’s father by signing a Declaration of Paternity Affidavit.
  • Either parent can verify paternity or determine paternity if it is in question by requesting genetic testing. The BCSE—Bureau for Child Support Enforcement—will order the genetic testing and send the results.

If you have been struggling to prove paternity because the other parent is resistant, you may wonder about your options if they refuse to submit to genetic testing or refuse to present the child for genetic testing. Once the BCSE orders genetic testing, it is a binding legal order. Should either party refuse, the BCSE can find them in contempt and go forward from there.

Paternity and Child Support

Once paternity has been established, either via the Declaration of Paternity Affidavit or genetic testing, the BCSE will set up a hearing to determine child support for the child or children in question.

In fact, child support is often the primary reason that a parent seeks to establish paternity. Potential fathers often have a lot of questions when this happens—what if they don’t want to be involved in the child’s life? Can they sign their parental rights away to avoid paying child support? What if the mother hid the child from them?

There are very, very few circumstances under which a legal father can avoid paying child support to provide for his child or children. The court will go to great lengths to ensure that the child receives the financial support they deserve, including seizing tax returns and garnishing wages. It is crucial to speak with a child support attorney if you are concerned about your obligations and your ability to pay.

Parental Rights and Custody

The good news is that establishing paternity does give the legal father substantial rights. Once he has been named as the legal father, he can request access to the child in order to build a relationship with them—barring extreme cases of abuse, substance abuse, or other scenarios that would put the child in danger.

If the child is young, visitation may depend on whether or not the child is breastfed and how long they can be away from their mother. Once they reach an appropriate age, a father can request additional parenting time.

If the child is older and the father has not been involved in their life until now, visitation may start gradually and slowly ramp up. This gives the child time to become comfortable with their father before moving to overnight visitation and even shared custody.

Take the Next Step in Your Family Law Case and Contact Pence Law Firm

No matter what situation you find yourself in, we are here to support you. Set up a time to talk to the family lawyers at Pence Law Firm now to talk about your legal options. Give us a call at 304-407-7852 or send us a message online.