A new job or work schedule may make an existing parenting plan difficult to follow. Under West Virginia Code § 48-9-206, a court may change the plan when the schedule change creates a substantial change in circumstances and the proposed change serves the child’s best...
Year: 2026
Can being near drug deals prove you joined a conspiracy?
A friend drives you to a parking lot and meets someone there. A few days later, federal agents claim that you witnessed a drug sale and joined a larger operation. If you are facing federal drug charges, learning what separates innocent proximity from an unlawful...
How are mineral rights divided in a West Virginia divorce?
If you inherited mineral, oil or gas rights before or during your marriage, you may wonder how a divorce might affect those interests. West Virginia generally treats inherited property as separate property. However, how the spouses handled the property during the...
Can a domestic violence conviction prevent gun possession?
A domestic violence conviction can affect a person's ability to possess a firearm in West Virginia. State law restricts firearm possession after certain domestic violence convictions. A person may also face restrictions while subject to a domestic violence protective...
3 mistakes to avoid during a high-asset divorce
When the stakes are high, you can never be more careful. A simple mistake can cost you a fortune or compromise your long-term financial security. To protect your fair share of property, avoid making these three mistakes. Don’t overlook hidden assets When multiple...
What to expect when the court investigates custody
When a custody dispute reaches a West Virginia family court, the judge sometimes needs more than each parent's version of events. The court may then bring in a neutral person to study your family and report back. Knowing why a judge orders that review, and how the...
Suppressing evidence after police officer misconduct
Police officers have an obligation to follow and uphold the law. In some cases, their eagerness to enforce the law may result in them violating the rights of people they suspect of criminal activity. Police officers sometimes conduct warrantless searches without...
What should parents know before filing for divorce?
A decision to divorce is one that affects everyone in a family home, including one’s children. While people who are going through a divorce often focus on property division, it’s also critical to include parenting time, decision making, child support and similar...
What to bring to your first criminal defense consultation
Meeting with a criminal defense attorney for the first time is your opportunity to explain your situation and begin building a legal strategy. To make the most out of that meeting, bringing the right information can help clarify the circumstances and identify the...
Co-parents need parenting plan provisions for sick days
Most parenting plans address regular schedules, holidays, vacations and transportation arrangements. However, many parents overlook an issue that inevitably arises at some point: illness. Whether it is a child with the flu or a parent recovering from a serious medical...