It has not been long ago that the epidemic of prescription drugs and heroin would have been unthinkable in West Virginia. Unfortunately, more and more parents and even grandparents are faced with child custody cases that involve a drug abusing parent. The best interest of the minor child should always be the focus of West Virginia Family Courts. The Family Court may order random drug screens and appoint a guardian ad litem in cases where a parent is abusing drugs. The Family Court can take measures such as ordering supervised visitation and drug abuse therapy to assure the safety of the child.
Adultery is often the primary cause for divorce. The common question is whether or not a person who commits adultery in West Virginia can receive alimony or spousal support from their spouse? The answer is that it is legally possible. West Virginia law requires family court judges to compare the fault of each party when determining the amount, if any, of spousal support to be granted. Under West Virginia law, there could be circumstances where someone who commits adultery can and will receive spousal support. Never assume that if a spouse has committed adultery that they will not receive spousal support . That being said, adultery may definitely be considered when a court weighs fault in West Virginia. The court also must consider statutory factors listed in W.Va. Code § 48-6-301 when determining the amount of spousal support. (Disclaimer – this is for educational purposes only and should not be construed as legal advice. Every family court case presents different issues for consideration. Consult a lawyer for legal advice.)