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Charleston Child Custody Lawyers

You Don’t Have to Fight This Battle Alone: (304) 605-2026

Whether you are going through a divorce, separation, or renegotiating an existing arrangement, dealing with child custody issues can be challenging. Family law issues are always challenging, but when children are involved, it can be even more difficult. Sometimes parents are able to negotiate parenting plans amongst themselves, but in many cases, court interference is necessary in order to find an arrangement both parties are happy with. If you are in need of legal help, our child custody attorneys can work with you to obtain the child custody arrangement you need.

At Hardy Pence PLLC, our experienced divorce lawyer can help you establish a custody arrangement that works for you, your child, and the other party. We are passionate about helping out clients achieve the legal goals they’re after. Throughout the legal process, our lawyer can stand by your side, providing you with one-on-one attention and addressing any concerns or questions regarding your child custody case.

Ready to get started? Contact Hardy Pence, PLLC online or call (304) 605-2026 to schedule a consultation with an experienced child custody attorney in Charleston.

What Factors Determine Child Custody?

In West Virginia, child custody orders are always focused on achieving what is in the best interest of the child. If left to the court, a judge will consider whether or not joint custody is doable. Joint custody is usually the more favorable option, though in cases where one parent is deemed dangerous, negligent, or otherwise unqualified to care for the child, the court may grant sole custody to the other parent. Even in these cases, the parent without custody is likely to receive visitation rights on a regular basis, though these visits may require court supervision.

The court will consider the following factors before determining a child custody arrangement:

  • The child’s relationship with either parent
  • The child’s preference, if he or she is old enough to have a say
  • Each parent’s ability to care for the child
  • Each parent’s home environment
  • Each parent’s employment status
  • Each parent’s income

How is Child Custody and Visitation Decided?

The custody courts in West Virginia allow divorcing parents to create a detailed parenting plan, however, if they cannot come to an agreement, a hearing will be arranged to decide contested custody issues. The court’s main concern is to create an arrangement that is in the child’s or children’s best interests.

If a court awards physical custody to a parent and then “reasonable” visitation to the other, then the parent with custody generally gets to decide what is considered “reasonable”. In some cases, disputes arise over little visitation time or inconvenience. That is why it is important to make the parenting plan as detailed as possible.

What is "Reasonable Visitation"?

What is considered to be “reasonable visitation” varies depending on the circumstances of the case and the state. When the court awards “reasonable visitation” the parents must decide what is appropriate for schedules and visits. The custody order does not specify each parents’ time with the child or children, so it is essential that the parenting plan is detailed to prevent disputes. Consider the length of time per visit, important dates, and the frequency of visitations.

Contact a Custody Attorney in Charleston at (304) 605-2026

Child custody cases can be complex, especially when it comes to determining what is in the child’s best interest. This can be extremely subjective, which is why you need a seasoned attorney on your side.

Contact Hardy Pence PLLC at (304) 605-2026 to discuss your child custody or visitation case with our Charleston custody lawyers.

Choosing Hardy Pence, PLLC

Why our team is the right choice:
  • Knowledgeable Legal Team

    We have are recognized by clients ranging from individuals to publicly traded companies for high quality, efficient legal representation.

  • Expansive Experience

    Our experienced lawyers have highly distinguished qualifications and are nationally recognized for legal excellence.

  • Personal Dedication

    We pride ourselves on being a multi-faceted law firm – strong in a wide range of practice areas and prioritize personally meeting and exceeding our clients’ expectations.

  • Record of Success

    Our reputation speaks for itself; we have successfully fought for hundreds of clients and have won cases that represent a brighter future for our clients.