But it also depends upon the maturity and intelligence of the child, and the reasons the child has for wanting a change. Judges are less likely to consider the wishes of a younger child, and more likely to consider the wishes of an older child.
What if my child’s other parent is in the military?Ī court will try to take into account where a 14-year-old child (or older) wants to be. But if the move does not make it difficult for the other parent to follow the current plan, you do not need to file a “Petition for Modification.” For more information about relocation, read the article about Changing a Parenting Plan When a Parent is Moving to a New Location. The moving parent also must to file a “Notice of Relocation” with the court. If 60 days isn’t possible because the reason for move came up quicker than that, the moving parent must give notice as soon as they find out about the move. The parent who is moving must let the other parent know at least 60 days before the move. For example, moving to go back to school may be reasonable moving across the country to go back to school may not be reasonable. a parent would not need to move (or would not need to move so far away) in order to accomplish their purpose in moving.one parent is moving so far away that it makes it hard for either parent to follow the existing parenting plan and/or.What if my child’s other parent is moving? What if I want to move?Ī parent moving from one address to another is not automatically an adequate reason for a change in the parenting plan. Then you must send a copy of the form to all of the other parties in the case. Afterwards, it will must be filed with the circuit clerk of the county. It also must be signed by the person requesting the change. On the second page of the form, Section 3 is to describe “The following circumstances justify the modification I am requesting.” Here you must explain what has changed that you think justifies your request. On the first page of that form, in Section 2 “I want the Court to modify the Order in these ways:” you can check the box for “Change Parenting Plan with regards to.” Then check the boxes that apply to your situation. The Petition for Modification is available on the West Virginia Supreme Court of Appeals website, along with Instructions and a Motion for Temporary Relief. Start by filing a written “Petition for Modification.” This usually should be filed in the court where your last custody plan was approved and ordered. What if there is no substantial change in circumstance? continually kept the other parent from seeing the child when s/he is supposed to.made multiple false reports of domestic violence or child abuse and/or.However, a court can see the following issues as a reason to chance a parenting plan if either parent has: a parent making a decision about the child’s care, like putting the child in daycare.a parent getting remarried or moving in with someone else or.a change in how much money a parent now brings home because she lost a job and could not help it.However, West Virginia law does list some things that do NOT amount to a “substantial change in circumstances.” For example: The courts also understand that too much change can be a bad thing for kids, and may refuse to change the parenting plan every time something changes in a parent’s life.
The law leaves it to the judge to decide whether the change is “enough” to justify making a change. There are just too many different things could possibly be important for a given parenting plan. There is no simple definition of “substantial change in circumstance” in West Virginia.
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