Charleston Family Law Attorney

Family Lawyer in Charleston, WV

Family law cases are more than just legal disputes. They’re deeply personal cases that can impact the rest of your life, requiring careful attention and dedicated support. Emotions run high, and the legal process can quickly become overwhelming when you don’t have the right guidance. You want an experienced Charleston family law attorney in your corner, helping you navigate the complexities of the law and providing compassionate support every step of the way.

What Does a Family Law Attorney Do?

A Charleston family lawyer handles a wide range of legal issues that affect your family, finances, and future. Attorneys provide strategy, advocacy, and guidance for family law matters, supporting their clients through some of the most stressful times in their lives. Common cases family lawyers handle include: 

• Divorce
• Prenuptial agreements
• Spousal support
• Child custody and support
• Modifications to court orders
• Adoption
• Domestic violence

No matter what type of family law case you have, you can turn to the team at Wooton, Davis, Hussell & Johnson, PLLC, to give you the legal support you need. Consult our attorneys today to learn more about how we can help.

What to Know About Divorce in West Virginia

With a divorce rate of 2.9 per 1,000 residents, West Virginia has a higher divorce rate than the national average. The state has specific legal rules that impact how quickly your case moves forward and what outcome you can expect. West Virginia allows for both no-fault and fault-based divorces. While no-fault divorces allow you to cite irreconcilable differences, these cases can be a bit slower. Fault-based cases, which may stem from adultery, abuse, or abandonment, are often faster but also more contentious.

Most divorces will include asset distribution, and West Virginia follows a standard of equitable division. This means marital property is fairly split between spouses, but that does not mean it is 50/50. The court will consider the length of the marriage, each spouse’s financial contributions, and the cause for the divorce.

Child Custody and Support

In 2022, 19.2 million children under 18 lived with one custodial parent in the U.S. Child custody and support cases are often the most contested issues in family law. Courts in West Virginia base all of their decisions on the best interests of the child, aiming to promote stability, safety, and ongoing relationships with each parent.

Judges in Charleston, WV consider factors such as each parent’s ability to provide a consistent home, the child’s relationship with each parent, and any history of abuse or neglect. While shared parenting is typically encouraged by the court, custody outcomes ultimately come down to the specifics of each case.

When determining child support, the court uses an income shares model, which estimates what both parents would have contributed to the child’s expenses if they were still together. Courts consider each parent’s income, the number of children, and the expenses of each child. Support orders can be modified if there are substantial changes in circumstances.

Why Choose Wooton, Davis, Hussell & Johnson, PLLC

With decades of combined experience, the people of West Virginia can rely on the attorneys at Wooton, Davis, Hussell & Johnson, PLLC, to provide dedicated legal services no matter what type of family law matter they are facing. Our team is known for its proven results and passion for the law. Whether in settlement negotiations or the Kanawha County Family Court, we are fierce advocates for our clients.

FAQs

What Are the 3 C’s of Divorce?

The three C’s of divorce are communication, compromise, and cooperation. Communication means clearly expressing your needs and concerns to avoid misunderstandings. Compromise involves everyone making reasonable concessions to reach fair solutions. Cooperation promotes both parties working together to minimize conflict, which is especially important when children are involved. Following these principles can help streamline the divorce process and lead to more amicable resolutions.

At What Age Can a Child Refuse to See a Parent in WV?

In West Virginia, there’s no specific age at which a child can legally refuse to see a parent. Courts prioritize the child’s best interests and may consider their preferences if they are mature enough to express their wishes. However, there is no legal standard when it comes to age or the requirement to follow the child’s wishes. A parent cannot allow a child to refuse court-ordered visitation. Rather, they will have to petition the court to request a modification.

Is West Virginia a 50/50 Custody State?

West Virginia is not strictly a 50/50 custody state, but the courts tend to favor shared parenting if the arrangement is in the child’s best interests. Judges encourage both parents to have meaningful involvement in the child’s life, which often leads to equal or near-equal parenting time. However, custody decisions are made on a case-by-case basis, and the court will consider factors such as each parent’s fitness, the child’s needs, and the history of conflict or abuse.

What Is the Biggest Mistake to Make in a Custody Battle in Charleston?

The biggest mistake you can make in a custody battle in Charleston is putting your animosity toward the other parent above your child’s best interests. When making custody decisions, courts weigh factors such as badmouthing, refusing to cooperate, and violating court orders. Engaging in these behaviors can seriously hurt your case. Judges favor cooperation between parents, and letting your emotions get the better of you can undermine your credibility and impact the outcome of your case.

Hire a Family Law Attorney

Whether you are going through a difficult divorce, a contentious child custody battle, or any other family law matter, you want an experienced lawyer on your side defending your rights. Hire a family law attorney from Wooton, Davis, Hussell & Johnson, PLLC, for the dedicated legal support you need. We can review your case, collect evidence, and build an effective strategy to help you succeed.

Contact our office today to schedule a consultation. We can discuss your goals and legal options, helping you understand the relevant laws and working with you to plan a path forward. We know how emotionally challenging family law cases can be, and that is why we offer compassionate guidance to all of our clients.