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WV Code § 48-20-208 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-208. Jurisdiction Declined by Reason of Conduct

(a) Except as otherwise provided in section 20-204 or by other law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:(1) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;(2) A court of the state otherwise having jurisdiction under sections 20-201 through 20-203, inclusive, of this article determines that this state is a more appropriate forum under section 20-207; or(3) No court of any other state would have jurisdiction under the criteria specified in sections 20-201 through 20-203, inclusive, of this article.(b) If a court of this state declines to exercise its jurisdiction pursuant to subsection (a) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 20-201 through 20-203, inclusive, of this article.(c) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to subsection (a) of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs or expenses against this state unless authorized by law other than this chapter.
WV Code § 48-20-209 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-209. Information to Be Submitted to Court

(a) Subject to local law providing for the confidentiality of procedures, addresses and other identifying information in a child custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last five years and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:(1) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number and the date of the child custody determination, if any;(2) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights and adoptions, and, if so, identify the court, the case number and the nature of the proceeding; and(3) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.(b) If the information required by subsection (a) of this section is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.(c) If the declaration as to any of the items described in subdivisions (1) through (3), inclusive, subsection (a) of this section is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.(d) Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.(e) If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice.
WV Code § 48-20-210 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-210. Appearance of Parties and Child

(a) In a child custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.(b) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to section 20-108 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.(c) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.(d) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (b) of this section or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
WV Code § 48-20-301 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-301. Definitions

§48-20-301. Definitions.(a) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.(b) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
WV Code § 48-20-302 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-302. Enforcement Under Hague Convention

Under this article a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
WV Code § 48-20-303 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-303. Duty to Enforce

(a) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this article and the determination has not been modified in accordance with this article.(b) A court of this state may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
WV Code § 48-20-304 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-304. Temporary Visitation

(a) A court of this state which does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing:(1) A visitation schedule made by a court of another state; or(2) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.(b) If a court of this state makes an order under subdivision (2), subsection (a) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in part 2 of this article. The order remains in effect until an order is obtained from the other court or the period expires.
WV Code § 48-20-306 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-306. Enforcement of Registered Determination

(a) A court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.(b) A court of this state shall recognize and enforce, but may not modify, except in accordance with article two of this chapter, a registered child custody determination of a court of another state.
WV Code § 48-20-307 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-307. Simultaneous Proceedings

If a proceeding for enforcement under this article is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under part (2) of this article, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
WV Code § 48-20-309 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-309. Service of Petition and Order

Except as otherwise provided in section 20-311, the petition and order must be served, by any method authorized by the law of this state, upon respondent and any person who has physical custody of the child.
WV Code § 48-20-310 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-310. Hearing and Order

(a) Unless the court issues a temporary emergency order pursuant to section 20-204, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:(1) The child custody determination has not been registered and confirmed under section 20-305 and that:(A) The issuing court did not have jurisdiction under part 20-201, et seq., of this chapter;(B) The child custody determination for which enforcement is sought has been vacated, stayed or modified by a court of a state having jurisdiction to do so under part 20-201, et seq.; or(C) The respondent was entitled to notice, but notice was not given in accordance with the standards of section 20-108, in the proceedings before the court that issued the order for which enforcement is sought; or(2) The child custody determination for which enforcement is sought was registered and confirmed under section 20-305, but has been vacated, stayed or modified by a court of a state having jurisdiction to do so under part 20-201, et seq.; or(3) There is credible evidence of abuse or neglect of the child or children who are the subject of the petition and the credible evidence has been reported to a child welfare agency, a law-enforcement officer, a licensed physician, a licensed social worker, or a licensed mental health professional and an investigation or other proceeding has not been concluded: Provided, That the court may continue the hearing to a day certain to monitor the investigation or proceedings or take any further action as the circumstances and the best interest of the child may warrant.(b) The court shall award the fees, costs and expenses authorized under section 20-312 and may grant additional relief, including a request for the assistance of law-enforcement officials, and set a further hearing to determine whether additional relief is appropriate.(c) If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.(d) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this article.
WV Code § 48-20-311 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-311. Warrant to Take Physical Custody of Child

(a) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this state.(b) If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by subsection 20-308(b).(c) A warrant to take physical custody of a child must:(1) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;(2) Direct law-enforcement officers to take physical custody of the child immediately; and(3) Provide for the placement of the child pending final relief.(d) The respondent must be served with the petition, warrant and order immediately after the child is taken into physical custody.(e) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law-enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law-enforcement officers to make a forcible entry at any hour.(f) The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
WV Code § 48-20-312 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-312. Costs, Fees and Expenses

(a) The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.(b) The court may not assess fees, costs or expenses against a state unless authorized by law other than this chapter.
WV Code § 48-20-313 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-313. Recognition and Enforcement

A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state unless the order has been vacated, stayed or modified by a court having jurisdiction to do so under part 20-201, et seq.
WV Code § 48-20-314 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-314. Appeals

An appeal may be taken from a final order in a proceeding under this article in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under section 20-204, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
WV Code § 48-20-315 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-315. Role of Prosecutor or Public Official

(a) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this article or any other available civil proceeding, to locate a child, obtain the return of a child or enforce a child custody determination if there is:(1) An existing child custody determination;(2) A request to do so from a court in a pending child custody proceeding;(3) A reasonable belief that a criminal statute has been violated; or(4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.(b) A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.
WV Code § 48-20-316 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-316. Role of Law Enforcement

At the request of a prosecutor or other appropriate public official acting under section 20-315, a law-enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under said section.
WV Code § 48-20-317 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-317. Costs and Expenses

If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law-enforcement officers under section 20-315 or 20-316.
WV Code § 48-20-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-401. Application and Construction

§48-20-401. Application and construction.In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
WV Code § 48-20-402 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-402. Severability Clause

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
WV Code § 48-20-403 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-403. Effective Date

This article takes effect on July 1, 2000.
WV Code § 48-20-404 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 20. Uniform Child Custody Jurisdiction and Enforcement Act|§48-20-404. Transitional Provision

A motion or other request for relief made in a child custody proceeding or to enforce a child custody determination which was commenced before July 1, 2000, is governed by the law in effect at the time the motion or other request was made.
WV Code § 48-22-101 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-101. Applicability of Definitions

§48-22-101. Applicability of definitions.For the purposes of this article the words or terms defined in this article, and any variation of those words or terms required by the context, have the meanings ascribed to them in this article. These definitions are applicable unless a different meaning clearly appears from the context.
WV Code § 48-22-102 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-102. Abandonment Defined

Abandonment means any conduct by the birth mother, legal father, determined father, outsider father, unknown father or putative father that demonstrates a settled purpose to forego all duties and relinquish all parental claims to the child.
WV Code § 48-22-103 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-103. Adoptive Parents, Adoptive Mother or Adoptive Father Defined

Adoptive parents or "adoptive mother" or "adoptive father" means those persons who, after adoption, are the mother and father of the child.
WV Code § 48-22-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-104. Agency Defined

Agency means a public or private entity, including the Department of Health and Human Resources, that is authorized by law to place children for adoption.
WV Code § 48-22-105 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-105. Birth Father Defined

Birth father means the biological father of the child.
WV Code § 48-22-106 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-106. Birth Mother Defined

Birth mother means the biological mother of the child.
WV Code § 48-22-107 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-107. Birth Parents Defined

Birth parents mean both the biological father and the biological mother of the child.
WV Code § 48-22-108 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-108. Consent Defined

Consent means the voluntary surrender to an individual, not an agency, by a minor child's parent or guardian, for purposes of the child's adoption, of the rights of the parent or guardian with respect to the child, including the legal and physical custody of the child.
WV Code § 48-22-109 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-109. Determined Father Defined

Determined father means, before adoption, a person: (1) In whom paternity has been established pursuant to the provisions of article 24-101, et seq., and section 16-5-12, whether by adjudication or acknowledgment as set forth therein; or (2) who has been otherwise judicially determined to be the biological father of the child entitled to parental rights; or (3) who has asserted his paternity of the child in an action commenced pursuant to the provisions of article 24-101, et seq., that is pending at the time of the filing of the adoption petition.
WV Code § 48-22-110 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-110. Legal Father Defined

Legal father means, before adoption, the male person having the legal relationship of parent to a child: (1) Who is married to its mother at the time of conception; or (2) who is married to its mother at the time of birth of the child; or (3) who is the biological father of the child and who marries the mother before an adoption of the child.
WV Code § 48-22-111 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 22. Adoption|§48-22-111. Marital Child Defined

Marital child means a child born or conceived during marriage.