West Virginia Relative Rights Attorney

Family members play an important role in children’s lives, providing support and stability. Are you being denied access to your minor relatives? If you need support advocating for your rights in regard to your juvenile relatives or you need to intervene in an existing case, contact Phil Isner of Isner Law Office in Elkins, WV today.

Has Child Protective Services Taken Custody of Your Minor Relatives?

What Rights Do You Have?

Grandparents, siblings, aunts/uncles, and others who are a close relative to a child are considered a kinship placement and have priority over others for a CPS case. Grandparents are given the first rights for placement.

Courts in West Virginia strive to make custody and visitation decisions that are “in the best interests of the child.” The court handling each individual visitation case determines what arrangement is most appropriate for the child’s wellbeing. Learn more about your rights as a relative to a minor child and contact Isner Law Office for legal advice and court representation statewide in West Virginia.

Grandparents & Relative Rights
in West Virginia Legislature Code

Grandparents are given first rights for placement of a child in West Virginia when a grandchild has been taken into CPS custody. After grandparents, placement will be given to other relatives known to the department.

West Virginia Legislature Code 49-4-601A states, “When a child is removed from his or her home, placement preference is to be given to relatives or fictive kin of the child.”

Subsections include:

No later than seven calendar days after the petition for removal has been filed, the department shall file, with the court, a list of all of the relatives and fictive kin of the child known to the department at the time of the filing, whether or not those persons have expressed a willingness to take custody of the child.

Within seven days after the department files the list described in subdivision (2) of this subsection, any party to the case may file, with the court, his or her own list containing names and addresses of relatives and fictive kin of the child.

The department shall investigate and determine whether any of the persons identified in the lists filed pursuant to this section are willing and able to act as foster or kinship parents to the child. The department shall file its determinations with the court within 45 days from the filing of the petition alleging abuse or neglect of a child.

West Virginia Legislature Code 49-4-114, subsection 3 states, “For purposes of any placement of a child for adoption by the department, the department shall first consider the suitability and willingness of any known grandparent or grandparents to adopt the child.”

Isner Law Office understands the law and understands your rights as grandparents and as next of kin. For representative you can trust, and for consultation with a knowledgeable family law attorney, contact us at (304) 636-7681.

Dealing With West Virginia CPS?

When children are removed from their homes by Child Protective Services because of abuse and/or neglect, kin are given preference as the first placement choice when foster care is needed and relatives can provide a safe, stable home as defined by foster care policy. Extended family has played a role in caring for children whose parents were unable to do so. Attorney Phil Isner can help you navigate any situation you may find yourself in regarding Child Protective Services and your young relatives.

Concerned for the Safety of Your Minor Relatives?

Safety is the paramount concern that guides all child welfare services. When making decisions about a child, including services provided, placement and permanency planning, the safety of the child must be the important issue in determining what is in the best interest of the child. Contact Isner Law Office today to schedule a consultation. We can answer all of your questions and help you get the information you need. (304) 636-7681

Contact Isner Law Office

Advocating Relative Rights in West Virginia

Children with strong family support have a better chance to improve the outcome in virtually every area of their lives. You have a right to express concern for your minor relatives. Isner Law Office can assist with this process. Learn more about your rights by contacting Isner Law Office for legal advice and court representation statewide in West Virginia. Contact us now to schedule an initial consultation and discuss your case. Call (304) 636-7681.