Cora Family Law Lawyer, West Virginia, page 3

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Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

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Civil Rights, Family Law, Criminal
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LEGAL TERMS

DIVORCE AGREEMENT

An agreement made by a divorcing couple regarding the division of property, custody and visitation of the children, alimony or child support. The agreement must... (more...)
An agreement made by a divorcing couple regarding the division of property, custody and visitation of the children, alimony or child support. The agreement must be put in writing, signed by the parties and accepted by the court. It becomes part of the divorce decree and does away with the necessity of having a trial on the issues covered by the agreement. A divorce agreement may also be called a marital settlement agreement, marital termination agreement or settlement agreement.

LEGAL CUSTODY

The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal... (more...)
The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal custody of a child. Compare physical custody.

ADOPTION

A court procedure by which an adult becomes the legal parent of someone who is not his or her biological child. Adoption creates a parent-child relationship rec... (more...)
A court procedure by which an adult becomes the legal parent of someone who is not his or her biological child. Adoption creates a parent-child relationship recognized for all legal purposes -- including child support obligations, inheritance rights and custody.

TENANCY BY THE ENTIRETY

A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the su... (more...)
A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the surviving spouse gets title to the property (called a right of survivorship). It is similar to joint tenancy, but it is available in only about half the states.

CUSTODY (OF A CHILD)

The legal authority to make decisions affecting a child's interests (legal custody) and the responsibility of taking care of the child (physical custody). When ... (more...)
The legal authority to make decisions affecting a child's interests (legal custody) and the responsibility of taking care of the child (physical custody). When parents separate or divorce, one of the hardest decisions they have to make is which parent will have custody. The most common arrangement is for one parent to have custody (both physical and legal) while the other parent has a right of visitation. But it is not uncommon for the parents to share legal custody, even though one parent has physical custody. The most uncommon arrangement is for the parents to share both legal and physical custody.

MINOR

In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are 'emancipated'--in ... (more...)
In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are 'emancipated'--in the military, married or living independently with court permission. Property left to a minor must be handled by an adult until the minor becomes an adult under the laws of the state where he or she lives.

WRONGFUL DEATH RECOVERIES

After a wrongful death lawsuit, the portion of a judgment intended to compensate a plaintiff for having to live without a deceased person. The compensation is i... (more...)
After a wrongful death lawsuit, the portion of a judgment intended to compensate a plaintiff for having to live without a deceased person. The compensation is intended to cover the earnings and the emotional comfort and support the deceased person would have provided.

SEPARATION

A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though... (more...)
A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though they may continue their relationship. A legal separation results when the parties separate and a court rules on the division of property, such as alimony or child support -- but does not grant a divorce.

SOLE CUSTODY

An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.

SAMPLE LEGAL CASES

In re Abbigail Faye B.

... In fact, we specifically have held that, "[a]lthough parents have substantial rights that must be protected, the primary goal ... in all family law matters ... must be the health and welfare of the children." Syl. pt. 3, in part, In re Katie S., 198 W.Va. 79, 479 SE2d 589 (1996). ...

Rosen v. Rosen

... This Court has held that "in reviewing a final order of a circuit judge upon review of, or a refusal to review, a final order of a family court judge we review the findings of fact under a clearly erroneous standard and the application of the law to facts under an abuse of discretion ...

In re Cecil T.

... 496, 266 SE2d 114 (1980). We have further said that "[a]lthough parents have substantial rights that must be protected, the primary goal in cases involving abuse and neglect, as in all family law matters, must be the health and welfare of the children." Syl. Pt. ...

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