Legal Question in Family Law in West Virginia

Re: Custody of a Sister

I am licensed to practice law only in Montana. This is not legal advice. What follows are just

some thoughts on a couple of issues.

Mother has legal custody of Daughter. Mother and Father share parenting. I presume this is

according to a parenting order that sets out the time Daughter spends with each parent. Father

might be violating the court order by not returning Daughter to Mother�s house. But Daughter does not want to live with Father either.

Consider: This is the reason the law does not allow children to make adult decisions regarding

the family. Children often do not know what is in their best interests, but they do know what

their emotions are telling them. And sometimes children quickly learn how to play one parent

against the other � you know the scenario: Mom said no,, so I�ll ask Dad �cuz he always says

yes.

Consider: This is a time of stress, upheaval, adjustment, loss, and recovery. Daughter needs a

stable and predictable family dynamic no matter what that dynamic looks like. Her parents need

to work together to find out what stressors are making the Daughter behave this way. Her parents

can hate each other as former spouses, but they need a good co-parent relationship for Daughter�s

sake.

Consider: Another person starting another legal proceeding is probably not going to help

Daughter settle into a life dynamic. By all means, befriend her, support her, listen to her, offer outside help in making clear decisions. But don�t gallop in with rescue in mind.