Legal Question in Family Law in West Virginia

Re: Custody options for fathers in WV

Two words of warning: I practice Montana law, which might vary from WV law. Second, yours is a very serious issue. See a WV attorney experienced in family law. With that said, briefly:

Montana presumes that what you call "joint custody" is in the child's best interest. This is a rebuttable resumption, meaning that if joint custody is not in the child's best interest, you must rebut that presumption with evidence to prove that the child should be placed exclusively with you. To get sole custody, you will have to prove mom is somehow unfit, a high hurdle.

Sole legal custody gives you sole legal right to make all decisions regarding the child (school, religion, upbringing, etc.). With joint custody, the parents share the rights and responsibilities of raising the child. Sole physical custody means the child resides exclusively with you, whereas joint custody means the child resides with both parents, generally on a schedule the parents determine in negotiations but the court can also impose the schedule.

Before you take legal action, be sure the resulting court action will not be worse for the children than the situation they're in now. If you want joint custody, in which you have definite scheduled parenting time with the kids, my first suggestion is to see if you and mom can mediate (negotiate) a parenting plan. If not, then petition the court for joint custody.

Again, I advise you to talk with an attorney in WV.