Legal Question in Family Law in West Virginia

fathers visitation rights

Wife files for divorce in March, husband moves into his dads house next door when wife is home and stays in family home with kids when wife is at work at night. Kids ages 12 & 14 were with father most of time until July when mom moves into a rent free home owned by her grandmother. Father gets small loan to help her get utilities on, using vehicle in both names that she was keeping as collateral. Daughter stays with mom on her days off,with dad on other days. Son stays with dad always. In july son finally goes and stays a couple nights with mom and finds out dad is dating someone. Mom goes to the home where dads living again & moves all of kids things out, telling dad he cant see kids again until they go to court. Shed used the do it yourself divorce packet to file and had said theyd share custody. Sept was first hearing and judge wouldnt decide on visitation. mom said dad was unfit, judge believed her. Divorce finally over in october, but still no visitation. Its now Jan and hes been kept away except xmas eve which he had to share with ex and her new boyfriend. Exwife has stated that she will fight until the new girlfriend is out of the picture. How is a father proven unfit? Whats the legal definition of unfit parent? Help


Asked on 1/24/08, 11:48 pm

1 Answer from Attorneys
John Yeager, Jr. John Yeager, Jr., Attorney at Law

Re: fathers visitation rights

It looks like the ex-wife is going to make you fight for what you are already entitled to. You need to keep pressing the issue by going to court. Exactly what does the divorce order say about parenting time? Most judges strongly believe that it is best for the children to have them exposed to both parents equally, and you are entitled to as much parenting time as the mother is. The childrens' ages are a factor, too, however. They sometimes take advantage of a divorce to get something they want themselves, such as more freedom or more say-so in their lives. This is unfortunately normal. Fourteen year olds of normal intelligence get to pick who they will live with. One parent or the other sometimes takes advantage of this to manipulate child support. Mom is not allowed to use the children as tools to keep you from having a girlfriend. John Yeager, Jr., State Bar Identification # 4159

Read more
Answered on 1/26/08, 12:06 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in West Virginia