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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In state of WV, if a DVP is in place prior to divorce filing,

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In state of WV, if a DVP is in place prior to divorce filing, which do you go by in regards XXXXX XXXXX and dates with picking up kids, etc; We have an issue with a mother not wanting to meet halfway or abide by the times with the children. It is mostly her trying to have control and will threaten to come and get them at any time. WE dont want to upset the kids so we give in to her which has not been productive at this point as her behavior just increases. She has also threatened not to let anyone in the father's family see the children and has stated she will come and get them if he has left them in our care while he is at work. We receive hang up unknown phone calls all through the week and I am sure she is behind it and when we dont do what she wants it gets worse.
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Was the Court aware of the Domestic Violence Protective Order at the time of the issuance of the custody orders?
Customer: replied 2 years ago.
The DVP was in effect prior to the divorce filing. I should also say there has been no hearing yet (scheduled Oct 31) for the divorce, it has just been filed. In the DVP she is granted custodial parent with the father, my brother being granted half visitation (all weekend, every weekend, and through the week when chidlren not in school). No child support ordered or supervised visitation or required treatment. Child Protective Services has been involved in the case and the father has been submitting to drug screenings and reviews with no problems.
Expert:  Ely replied 2 years ago.
Thank you. So are you asking which custody order controls? What exactly are you asking?

Also, was the DVP ordered by the same court that rendered the custody order?
Customer: replied 2 years ago.
The DVP was taken care of through family court prior to the divorce filing during which time she was given custodial parent status. The divorce hearing is scheduled to be in front of the same judge. I am sorry I know I have rambled a bit, just very anxious about all of this. I want to know which family plan (which covers who gets the children when and where they are to be transported and picked up from) do we go by? What her divorce filing covers or what the DVP family plan states? And what can we do if she is not going by such.
Expert:  Ely replied 2 years ago.
No worries, I can understand that this may be emotionally draining.

You go by whatever plan was filed latest - this is the controlling order. If there are contrasting orders, then the latest controls. If you are unsure, simply file a Motion for Clarification with the Court and set it for a hearing, and ask the Court to formally state which order controls and which one is voided and how.

If she is not abiding by the controlling order, a Petition for Contempt is filed and set for a hearing.

http://www.state.wv.us/wvsca/rules/familycourt/FC251.pdf

The Court will then admonish the other party, and/or fine them and make them pay for your legal costs in bringing the motion, and/or even jail them if the contempt continues.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT, even if you already have a subscription. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86360
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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