reglab/housing_qa huggingface dataset:
WV Code § 48-9-104 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-104. Parent Education Classes

AND PARENT EDUCATION CLASSES.§48-9-104. Parent education classes.(a) The family court shall, by order, and with the approval of the Supreme Court of Appeals, designate an organization or agency to establish and operate education programs designed for parents who have filed an action for divorce, paternity, support, separate maintenance or other custody proceeding and who have minor children. The education programs shall be designed to instruct and educate parents about the effects of divorce and custody disputes on their children and to teach parents ways to help their children and minimize their trauma.(b) The family court shall issue an order requiring parties to an action for divorce involving a minor child or children to attend parent education classes established pursuant to subsection (a) of this section unless the court determines that attendance is not appropriate or necessary based on the conduct or circumstances of the parties. The court may, by order, establish sanctions for failure to attend. The court may also order parties to an action involving paternity, separate maintenance or modification of a divorce decree to attend such classes.(c) The family court may require that each person attending a parent education class pay a fee, not to exceed $25, to the clerk of the circuit court to defray the cost of materials and of hiring teachers: Provided, That where it is determined that a party is indigent and unable to pay for such classes, the court shall waive the payment of the fee for such party. The clerk of the circuit court shall, on or before the tenth day of each month, transmit all fees collected under this subsection to the state Treasurer for deposit in the state Treasury to the credit of special revenue fund to be known as the "parent education fund" which is hereby created. All moneys collected and received under this subsection and paid into the state Treasury and credited to the parent education fund shall be used by the administrative office of the Supreme Court of Appeals solely for reimbursing the provider of parent education classes for the costs of materials and of providing such classes. Such moneys shall not be treated by the Auditor and treasurer as part of the general revenue of the state.(d) The administrative office of the Supreme Court of Appeals shall submit a report to the Joint Committee on Government and Finance summarizing the effectiveness of any program of parent education no later than two years from the initiation of the program.
WV Code § 48-9-105 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-105. Venue for Custodial Allocation Actions Independent of Divorce

(a) Venue for the initial determination of custodial allocation or child custody determination within a divorce action shall be governed by 48-5-106 or 48-20-101 et seq. of this code, or both.(b) Venue for the initial determination of custodial allocation or child custody determination as between parties who reside in separate states shall be governed by 48-20-101 et seq. of this code.(c) Venue for modification of custodial allocation or modification of child custody determination which was previously determined in a tribunal of a state other than West Virginia shall be governed by 48-20-101 et seq. of this code.
WV Code § 48-9-201 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-201. Parenting Agreements

§48-9-201. Parenting agreements.(a) If the parents agree to one or more provisions of a parenting plan, the court shall so order, unless it makes specific findings that:(1) The agreement is not knowing or voluntary; or(2) The plan would be harmful to the child.(b) The court, at its discretion and on any basis it deems sufficient, may conduct an evidentiary hearing to determine whether there is a factual basis for a finding under subdivision (1) or (2), subsection (a) of this section. When there is credible information that child abuse as defined by section 49-1-3 of this code or domestic violence as defined by section 27-202 of this code has occurred, a hearing is mandatory and if the court determines that abuse has occurred, appropriate protective measures shall be ordered.(c) If an agreement, in whole or in part, is not accepted by the court under the standards set forth in subsection (a) of this section, the court shall allow the parents the opportunity to negotiate another agreement.
WV Code § 48-9-203 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-203. Proposed Temporary Parenting Plan; Temporary Order; Amendment; Vacation of Order

(a) A parent seeking a temporary order relating to parenting shall file and serve a proposed temporary parenting plan by motion. The other parent, if contesting the proposed temporary parenting plan, shall file and serve a responsive proposed parenting plan. Either parent may move to have a proposed temporary parenting plan entered as part of a temporary order. The parents may enter an agreed temporary parenting plan at any time as part of a temporary order. The proposed temporary parenting plan may be supported by relevant evidence and shall be verified and shall state at a minimum the following:(1) The name, address and length of residence with the person or persons with whom the child has lived for the preceding twelve months;(2) The performance by each parent during the last 12 months of the parenting functions relating to the daily needs of the child;(3) The parents work and child-care schedules for the preceding twelve months;(4) The parents current work and child-care schedules; and(5) Any of the circumstances set forth in 48-9-209 of this code that are likely to pose a serious risk to the child and that warrant limitation on the award to a parent of temporary residence or time with the child pending entry of a permanent parenting plan.(b) At the hearing, the court shall enter a temporary parenting order incorporating a temporary parenting plan which includes:(1) A schedule for the childs time with each parent when appropriate;(2) Designation of a temporary residence for the child;(3) Allocation of decision-making authority, if any. Absent allocation of decision-making authority consistent with 48-9-207 of this code, neither party shall make any decision for the child other than those relating to day-to-day or emergency care of the child, which shall be made by the party who is present with the child;(4) Provisions for temporary support for the child; (5) Restraining orders, if applicable; and(6) Specific findings of fact upon which the court bases its determinations.(c) A parent may make a motion for an order to show cause and the court may enter a temporary order, including a temporary parenting plan, upon a showing of necessity.(d) A parent may move for amendment of a temporary parenting plan, and the court may order amendment to the temporary parenting plan, if the amendment conforms to the limitations of 48-9-209 of this code and is in the best interest of the child. The courts order modifying the plan shall be in writing and contain specific findings of fact upon which the court bases its determinations.
WV Code § 48-9-204 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-204. Criteria for Temporary Parenting Plan

(a) After considering the proposed temporary parenting plan filed pursuant to 48-9-203 of this code and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child, which shall be in writing and contain specific findings of fact upon which the court bases its determinations. In making this determination, the court shall give particular consideration to:(1) Which parent has taken greater responsibility during the last 12 months for performing caretaking and/or parenting functions relating to the daily needs of the child; and(2) Which parenting arrangements will cause the least disruption to the childs emotional stability while the action is pending.(b) The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.(c) Upon credible evidence of one or more of the circumstances set forth in 48-9-209(a) of this code, the court shall issue a temporary order limiting or denying access to the child as required by that section, in order to protect the child or the other party, pending adjudication of the underlying facts. The temporary order shall be in writing and include specific findings of fact supporting the courts determination.(d) Expedited procedures shall be instituted to facilitate the prompt issuance of a parenting plan.
WV Code § 48-9-207 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-207. Allocation of Significant Decision-Making Responsibility

(a) Unless otherwise resolved by agreement of the parents under 48-9-201 of this code, the court shall allocate responsibility for making significant life decisions on behalf of the child, including the childs education and health care, to one parent or to two parents jointly, in accordance with the childs best interest, in light of:(1) The allocation of custodial responsibility under 48-9-206 of this code;(2) The level of each parents participation in past decision-making on behalf of the child;(3) The wishes of the parents;(4) The level of ability and cooperation the parents have demonstrated in decision-making on behalf of the child;(5) Prior agreements of the parties; and(6) The existence of any limiting factors, as set forth in section 9-209 of this article.(b) If each of the childs legal parents has been exercising a reasonable share of parenting functions for the child, the court shall presume that an allocation of decision-making responsibility to both parents jointly is in the childs best interests. The presumption is overcome if there is a history of domestic abuse, neglect, or abandonment, or by a showing that joint allocation of decision-making responsibility is not in the childs best interest: Provided, That the courts determination shall be in writing and include specific findings of fact supporting any determination that joint allocation of decision-making responsibility is not in the childs best interest.(c) Unless otherwise provided or agreed by the parents, each parent who is exercising custodial responsibility shall be given sole responsibility for day-to-day decisions for the child, while the child is in that parents care and control, including emergency decisions affecting the health and safety of the child.
WV Code § 48-9-208 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-208. Criteria for Parenting Plan; Dispute Resolution

(a) If provisions for resolving parental disputes are not ordered by the court pursuant to parenting agreement under section 9-201, the court shall order a method of resolving disputes that serves the child's best interest in light of:(1) The parents' wishes and the stability of the child;(2) Circumstances, including, but not limited to, financial circumstances, that may affect the parents ability to participate in a prescribed dispute resolution process; and(3) The existence of any limiting factor, as set forth in section 9-209 of this article.(b) The court may order a nonjudicial process of dispute resolution by designating with particularity the person or agency to conduct the process or the method for selecting such a person or agency. The disposition of a dispute through a nonjudicial method of dispute resolution that has been ordered by the court without prior parental agreement is subject to de novo judicial review. If the parents have agreed in a parenting plan or by agreement thereafter to a binding resolution of their dispute by nonjudicial means, a decision by such means is binding upon the parents and must be enforced by the court, unless it is shown to be contrary to the best interests of the child, beyond the scope of the parents' agreement, or the result of fraud, misconduct, corruption or other serious irregularity.(c) This section is subject to the limitations imposed by section two hundred two of this article.
WV Code § 48-9-209a (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-209a. Child Conceived as Result of Sexual Assault or Sexual Abuse by a Parent; Rights of a Biological Parent Convicted of Sexual Assault or Abuse; Post-Conviction Cohabitation; Rebuttable Presumption Upon Separation or Divorce

§48-9-209a. Child conceived as result of sexual assault or sexual abuse by a parent; rights of a biological parent convicted of sexual assault or abuse; post-conviction cohabitation; rebuttable presumption upon separation or divorce.(a) Except as otherwise provided in this section, if a child custodial responsibility or parenting time dispute involves a child who is conceived as a result of acts by which one of the child's biological parents has been convicted of sexual assault, pursuant to section three, four or five, article eight-b, chapter sixty-one of this code, or of sexual abuse by a parent, guardian or custodian, pursuant to section five, article eight-d, chapter sixty-one of this code, the court shall not allocate custodial responsibility to the biological parent convicted of the sexual assault, and the convicted parent has no right to parenting time with the child unless the court finds by clear and convincing evidence set forth in written findings that it is in the best interests of the child, adequately protects the child and the victim of the sexual offense and that the person or persons with custodial responsibility of the child consent thereto.(b) Subsection (a) does not apply if:(1) The biological parents are husband and wife at the time of the offense and, after the date of conviction, cohabit and establish a mutual custodial environment for the child; or(2) After the date of conviction, the unmarried biological parents cohabit and establish a mutual custodial environment for the child.(c) If persons described by subsection (b) of this section later separate or divorce, the conviction of sexual assault, pursuant to section three, four or five, article eight-b, chapter sixty-one of this code, or of sexual abuse by a parent, guardian or custodian, pursuant to section five, article eight-d, chapter sixty-one of this code creates a rebuttable presumption that exclusive or shared custodial responsibility of the child by the perpetrator of the offense is not in the best interests of the child. The convicted parent has no right to parenting time with the child unless the court finds by clear and convincing evidence set forth in written findings that, despite the rebuttable presumption required by this subsection, a custodial responsibility or parenting time arrangement with the convicted parent is in the best interests of the child, adequately protects the child and the victim of the sexual offense, and that the victim of the sexual offense consents thereto.(d) A denial of custodial responsibility or parenting time under this section does not by itself terminate the parental rights of the person denied custodial responsibility or parenting time, nor does it affect the obligation of the person to support the minor child.
WV Code § 48-9-301a (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-301a. Child Abuse Allegations

(a) If allegations of child abuse are made during a child custody proceeding and the court has concerns regarding the child’s safety, the court may take any reasonable, temporary steps as the court, in its discretion, considers appropriate under the circumstances to protect the child’s safety until an investigation can be completed. Nothing in this subsection shall affect the applicability of §49-2-802 and §49-2-803 of this code.(b) If allegations of child abuse are made during a child custody proceeding, the court may request that the local child protective service conduct an investigation of the allegations pursuant to §49-2-801 through §49-2-814 of this code. Upon completion of the investigation, the agency shall report its findings to the court.
WV Code § 48-9-302 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-302. Appointment of Guardian

(a) In its discretion, the court may appoint a guardian ad litem to represent the child's best interests. The court shall specify the terms of the appointment, including the guardian's role, duties and scope of authority.(b) In its discretion, the court may appoint a lawyer to represent the child, if the child is competent to direct the terms of the representation and court has a reasonable basis for finding that the appointment would be helpful in resolving the issues of the case. The court shall specify the terms of the appointment, including the lawyer's role, duties and scope of authority.(c) When substantial allegations of domestic abuse have been made, the court shall order an investigation under section 9-301 or make an appointment under subsection (a) or (b) of this section, unless the court is satisfied that the information necessary to evaluate the allegations will be adequately presented to the court without such order or appointment.(d) Subject to whatever restrictions the court may impose or that may be imposed by the attorney-client privilege or by subsection 9-202(d), the court may require the child or parent to provide information to an individual or agency appointed by the court under section 9-301 or subsection (a) or (b) of this section, and it may require any person having information about the child or parent to provide that information, even in the absence of consent by a parent or by the child, except if the information is otherwise protected by law.(e) The investigator who submits a report or evidence to the court that has been requested under section 9-301 and a guardian ad litem appointed under subsection (a) of this section who submits information or recommendations to the court are subject to cross-examination by the parties. A lawyer appointed under subsection (b) of this section may not be a witness in the proceedings, except as allowed under standards applicable in other civil proceedings.(f) Services and tests ordered under this section shall be ordered only if at no cost to the individuals involved, or at a cost that is reasonable in light of the available financial resources.
WV Code § 48-9-303 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-303. Interview of the Child by the Court

The court, in its discretion, may interview the child in chambers or direct another person to interview the child, in order to obtain information relating to the issues of the case. The interview shall be conducted in accordance with rule 16 of the rules of practice and procedure for family law, as promulgated by the Supreme Court of Appeals.
WV Code § 48-9-401 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-401. Modification Upon Showing of Changed Circumstances or Harm

§48-9-401. Modification upon showing of changed circumstances or harm.(a) Except as provided in section 9-402 or 9-403, a court shall modify a parenting plan order if it finds, on the basis of facts that were not known or have arisen since the entry of the prior order and were not anticipated therein, that a substantial change has occurred in the circumstances of the child or of one or both parents and a modification is necessary to serve the best interests of the child.(b) In exceptional circumstances, a court may modify a parenting plan if it finds that the plan is not working as contemplated and in some specific way is manifestly harmful to the child, even if a substantial change of circumstances has not occurred.(c) Unless the parents have agreed otherwise, the following circumstances do not justify a significant modification of a parenting plan except where harm to the child is shown:(1) Circumstances resulting in an involuntary loss of income, by loss of employment or otherwise, affecting the parent's economic status;(2) A parent's remarriage or cohabitation; and(3) Choice of reasonable caretaking arrangements for the child by a legal parent, including the child's placement in day care.(d) For purposes of subsection (a) of this section, the occurrence or worsening of a limiting factor, as defined in subsection (a), section 9-209, after a parenting plan has been ordered by the court, constitutes a substantial change of circumstances and measures shall be ordered pursuant to section 9-209 to protect the child or the child's parent.
WV Code § 48-9-402 (2021)
2021 West Virginia Code|Chapter 48. Domestic Relations|Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children|§48-9-402. Modification Without Showing of Changed Circumstances

(a) The court shall modify a parenting plan in accordance with a parenting agreement, unless it finds that the agreement is not knowing and voluntary or that it would be harmful to the child.(b) The court may modify any provisions of the parenting plan without the showing of change circumstances required by 48-9-401(a) if the modification is in the childs best interests, and the modification:(1) Reflects the de facto arrangements under which the child has been receiving care from the petitioner, without objection, in substantial deviation from the parenting plan, for the preceding six months before the petition for modification is filed, provided the arrangement is not the result of a parents acquiescence resulting from the other parents domestic abuse;(2) Constitutes a minor modification in the plan; or(3) Is necessary to accommodate the reasonable and firm preferences of a child who, has attained the age of fourteen; or (4) Is necessary to accommodate the reasonable and firm preferences of a child who, is under the age of fourteen and, in the discretion of the court, is sufficiently matured that he or she can intelligently express a voluntary preference.(c) Evidence of repeated filings of fraudulent reports of domestic violence or child abuse is admissible in a domestic relations action between the involved parties when the allocation of custodial responsibilities is in issue, and the fraudulent accusations may be a factor considered by the court in making the allocation of custodial responsibilities.