Legal Question in Family Law in West Virginia

Re: Fathers rights

Your state law might vary from mine, so take this with a grain of salt.

Two things right off the bat: First, in my jurisdiction, the court drafted "parenting guidelines" which are not binding on the parents unless the court adopts the guidelines into a parenting order. So I don't know whether you mean "guidelines" in that sense or that mom is not following the court-ordered parenting plan. Second, you said mom "brings them around" only at certain times. This will sound harsh: dad has a right to see his children, but he seems to be 'sleeping on his rights,' letting them slide. Rights carry responsibilities, and here the responsibility is to guard his rights because it is important to children to have relationships with both parents.

One thing you don't mention -- in the complaint regarding maintenance (alimony), does he mention the interference with his parenting time? If not, in my jurisdiction anyway, the judge would not hear it. "That is not an issue before this court." So if mom is noncompliant, you have to bring an action to enforce the court-ordered parenting plan. Second, when mom moved out of state, did she comply with your states "move away" statute (assuming you have one)? Again, though, if the move was a long enough time ago, the court might tell you, in essence, you should have done something about it immediately because now the children are settled in their new environment and to disrupt their life now would not be in their best interest. However, if the move was geographically far enough away that it impacts your court-ordered parenting schedule, consider seeking a modification. Also consider seeking modification of child support to take into account any increased expenses in exercising your parenting time.