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WV Code § 48-19-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 19. Bureau for Child Support Enforcement Attorney|§48-19-104. Vacancies; Interim Bureau for Child Support Enforcement Attorney

(a) If the position of Bureau for Child Support enforcement attorney becomes vacant for any reason, the commissioner shall appoint a person to the position of Bureau for Child Support enforcement attorney not later than six months after the vacancy occurs.(b) If necessary, the commissioner may appoint an interim Bureau for Child Support enforcement attorney to serve for not longer than six months until a Bureau for Child Support enforcement attorney is appointed pursuant to this section.
WV Code § 48-19-105 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 19. Bureau for Child Support Enforcement Attorney|§48-19-105. Compensation; Expenses

The salary of a Bureau for Child Support enforcement attorney shall be not less than $45,000 per year, and shall be fixed by the commissioner, who shall take into consideration ability, performance of duty and experience. The compensation and expenses of the employees of the office and all operating expenses incurred by the office shall be fixed by the commissioner and paid by the Bureau for Child Support enforcement.
WV Code § 48-20-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-101. Short Title

§48-20-101. Short title.This article may be cited as the "Uniform Child Custody Jurisdiction and Enforcement Act."
WV Code § 48-20-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-103. Proceedings Governed by Other Law

This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.
WV Code § 48-20-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-104. Application to Indian Tribes

(a) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. §1901 et seq., is not subject to this chapter to the extent that it is governed by the Indian Child Welfare Act.(b) A court of this state shall treat a tribe as if it were a state of the United States for purposes of applying parts 1 and 2.(c) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under part 3.
WV Code § 48-20-105 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-105. International Application of Chapter

(a) A court of this state shall treat a foreign country as if it were a state of the United States for purpose of applying parts 1 and 2.(b) Except as otherwise provided in subsection (c) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be recognized and enforced under article three of this chapter.(c) A court of this state need not apply this chapter if the child custody law of a foreign country violates fundamental principles of human rights.
WV Code § 48-20-106 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-106. Effect of Child Custody Determination

A child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 20-108 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
WV Code § 48-20-107 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-107. Priority

If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously.
WV Code § 48-20-108 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-108. Notice to Persons Outside State

(a) Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.(b) Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made.(c) Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court.
WV Code § 48-20-109 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-109. Appearance and Limited Immunity

(a) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or having been physically present for the purpose of participating, in the proceeding.(b) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.(c) The immunity granted by subsection (a) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under this chapter committed by an individual while present in this state.
WV Code § 48-20-110 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-110. Communication Between Courts

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter.(b) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made.(c) Communication between courts on schedules, calendars, court records and similar matters may occur without informing the parties. A record need not be made of the communication.(d) Except as otherwise provided in subsection (c) of this section, a record must be made of a communication under this section. The parties must be informed promptly of the communication and granted access to the record.(e) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
WV Code § 48-20-111 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-111. Taking Testimony in Another State

(a) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.(b) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
WV Code § 48-20-112 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-112. Cooperation Between Courts; Preservation of Records

(a) A court of this state may request the appropriate court of another state to:(1) Hold an evidentiary hearing;(2) Order a person to produce or give evidence pursuant to procedures of that state;(3) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.(b) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection (a) of this section.(c) Travel and other necessary and reasonable expenses incurred under subsections (a) and (b) of this section may be assessed against the parties according to the law of this state.(d) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations and other pertinent records with respect to a child custody proceeding until the child attains eighteen years of age. Upon appropriate request by a court or law-enforcement official of another state, the court shall forward a certified copy of those records.
WV Code § 48-20-201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-201. Initial Child Custody Jurisdiction

§48-20-201. Initial child custody jurisdiction.(a) Except as otherwise provided in section 20-204, a court of this state has jurisdiction to make an initial child custody determination only if:(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding, and the child is absent from this state but a parent or person acting as a parent continues to live in this state;(2) A court of another state does not have jurisdiction under subdivision (1) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under section 20-207 or 20-208, and:(A) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and(B) Substantial evidence is available in this state concerning the child's care, protection, training and personal relationships;(3) All courts having jurisdiction under subdivision (1) or (2) of this subdivision have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 20-207 or 20-208; or(4) No court of any other state would have jurisdiction under the criteria specified in subdivision (1), (2) or (3) of this subsection.(b) Subsection (a) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.(c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
WV Code § 48-20-202 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-202. Exclusive, Continuing Jurisdiction

(a) Except as otherwise provided in section 20-204, a court of this state which has made a child custody determination consistent with section 20-201 or 20-203 has exclusive, continuing jurisdiction over the determination until:(1) A court of this state determines that neither the child, the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training and personal relationships; or(2) A court of this state or a court of another state determines that the child, the child's parents and any person acting as a parent do not presently reside in this state.(b) A court of this state which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under section 20-201.
WV Code § 48-20-203 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-203. Jurisdiction to Modify Determination

Except as otherwise provided in section 20-204, a court of this state may not modify a child custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under subdivision (1) or (2), subsection (a), section 20-201 and:(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under section 20-202 or that a court of this state would be a more convenient forum under section 20-207; or(2) A court of this state or a court of the other state determines that the child, the child's parents and any person acting as a parent do not presently reside in the other state.
WV Code § 48-20-204 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-204. Temporary Emergency Jurisdiction

(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.(b) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 20-201 through 20-203, inclusive, of this article, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 20-201 through 20-203, inclusive, of this article. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 20-201 through 20-203, inclusive, of this article, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.(c) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 20-201 through 20-203, inclusive, of this article, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 20-201 through 20-203, inclusive, of this article. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.(d) A court of this state which has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of a state having jurisdiction under sections 20-201 through 20-203, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to sections 20-201 through 20-203, upon being informed that a child custody proceeding has been commenced in, or a child custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
WV Code § 48-20-205 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-205. Notice; Opportunity to Be Heard; Joinder

(a) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of section 20-108, must be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated and any person having physical custody of the child.(b) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.(c) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody proceedings between residents of this state.
WV Code § 48-20-206 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-206. Simultaneous Proceedings

(a) Except as otherwise provided in section 20-204, a court of this state may not exercise its jurisdiction under this article if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under 20-207.(b) Except as otherwise provided in section 20-204, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 20-209. If the court determines that a child custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.(c) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may:(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;(2) Enjoin the parties from continuing with the proceeding for enforcement; or(3) Proceed with the modification under conditions it considers appropriate.
WV Code § 48-20-207 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-207. Inconvenient Forum

(a) A court of this state which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the motion of a party, the court's own motion or request of another court.(b) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;(2) The length of time the child has resided outside this state;(3) The distance between the court in this state and the court in the state that would assume jurisdiction;(4) The relative financial circumstances of the parties;(5) Any agreement of the parties as to which state should assume jurisdiction;(6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and(8) The familiarity of the court of each state with the facts and issues in the pending litigation.(c) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.(d) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.