Rule 52 – Relocation of a parent

May 14, 2021 | Family Law, West Virginia

A parent with responsibilities under a court ordered parenting plan who changes or intends to change residence for more than 90 days shall file with the circuit clerk and provide to the other parent a notice of relocation which complies with the requirements of W. Va. Code, ยง 48-9-403. Either parent may request a hearing on the relocation by filing a written request with the circuit clerk and sending a copy of the request to the family court. Within five days of receiving the request for hearing, the family court shall send the parties a scheduling order setting a relocation hearing. Either party may request an expedited hearing, which shall have priority over matters not designated by rule or statute as expedited matters.

W. Va. R. Prac. & P. Fam. Ct. 52

Amended by order adopted November 27, 2001, effective January 1, 2002 and by order entered and effective December 1, 2005.