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Guidelines for Custody and Visitation Schedule "A"
(a) The custodial parent shall take the necessary action with school authorities of the schools in which the children are enrolled to: (1) list the non-custodial parent as a parent of the children, (2) to authorize the school to release to the non-custodial parent any and all information concerning the children, (3) to insure that the non-custodial parent receives copies of any notices regarding the children.
(b) The custodial parent shall promptly transmit to the the non-custodial parent any information received concerning parent-teacher meetings, school programs, athletic schedules and any other school activities in which the children may be engaged or interested.
(c)The custodial parent shall promptly, after receipt of same, furnish to the non-custodial parent a photocopy of the child's grades or report and copies of any other reports concerning the child's status or progress.
(d) The custodial parent shall, when possible, arrange appointments for parent-teacher conferences at a time when the non-custodial parent can be present and, whenever possible, they shall be attended by both parents.
The custodial parent shall promptly inform the non-custodial parent of any illness of the children which shall require medical attention. Elective surgery shall only be performed after consultation with the non-custodial parent. Emergency surgery necessary for the preservation of life or to prevent a further serious injury or condition may be performed without consultation provided, however, if time permits, the non-custodial parent shall be consulted and, in any event, the non-custodial parent shall be informed as soon as same is possible.
Notice of Intent - Failure to give notice of notify of no visitation is a waiver.
Whenever "reasonable visitation" for a non-custodial parent appears in
an entry, it shall be defined as providing at a minimum for:
(c) The parents shall have the children on Holidays as follows:
The above schedule shall be reserved as to Custodial Parent and Non-custodial Parent.
Unless otherwise indicated, said holiday visitations shall commence at the regular hour as set for the commencement of weekend visitation and shall end at the regular hour set for the evening of weekend visitation. Said holiday visitations shall have precedence over the regular visitation schedule but shall not otherwise modify it (for example, if the holiday granted in any particular year to a non-custodial parent falls between the regular visitation, the non-custodial parent will have visitation three (3) weekends in a row at that particular time.
(d) The non-custodial parent shall have an extended visitation each summer to coincide with their vacation; however, same shall not exceed four (4) weekends in duration. Such visitations will include two non- consecutive two week periods with an interval of at least two weeks in between said two non-consecutive two week periods. The non-custodial parent shall notify the custodial parent of the time thereof as soon as the vacation schedules at the non-custodial parent's place of employment are posted or decided upon. Extended visitation shall not terminate support for that period unless by specific order since the weekly rate is adjusted for those periods of vacation at the non- custodial residence. In the event parties disagrees as to the dates of summer visitation, the schedules suggested by the non-custodial parent shall prevail.
(e)Both parties shall be diligent in having the children ready and available at the appointed times and the transporting party shall be prompt in picking up and delivering the children provided, however, that the transporting parent for visitations shall have a grace period of fifteen (15) minutes for pick up and delivery if both parties live within a distance of thirty (30) miles from each other. If the one way distance to be traveled is in excess of thirty (30) miles, the grace period shall be thirty (30) minutes. In the event the visiting parents exceeds the grace period, the visitation for the weekend is forfeited unless prior notification and arrangements have been made and except in cases where the visiting parent lives in excess of thirty (30) miles away and suffers an unavoidable breakdown or delay enroute and the visiting parent promptly notifies the custodial parent by phone of the delay. Repeated violations by either parent shall be cause for granting a modification of the custody order, either by changing custody or curtailing visitation, as the case may be.
The custodial parent shall send with the children on visitations sufficient clothing and outer wear appropriate for the season to last the period of the visitation. (For a weekend visitation, this shall consist of a minimum of two (2) extra sets of play clothes and one (1) dress outfit in addition to the clothes the children are wearing at the time of the start of the visitation). In the case of infants, the custodial parent shall send with the child sufficient bottles, formula and diapers to last the visitation period.
Visitation does not include picking up the children and leaving them with a non-family member while the visiting parent pursues their own pleasure, nor does it include taking the children to a bar for an extended period of time.
The custodial parent shall encourage free communications between the children and the non-custodial parent and shall not do anything to impede or restrict communications by phone or mail between the children and the non-custodial parent whether initiated by the children or the non-custodial parent. The mail between the children and the parent shall be strictly confidential between them and that parent and shall not be opened or read by the other parent. This rule applies equally to the non-custodial parent when the children are on extended visitation with the non-custodial parent.
Both parents shall refrain from criticizing the other parent in the presence of the children.
Neither of the parties shall attempt to modify the religious practice of the children without first having consulted each other and the Court.
Whenever the entry shall incorporate these Standard Rules for Custody and Visitation in the entry by reference, subparagraphs (a), (b), (c), (d), and (e), of paragraph four (4) shall be the visitation granted by the Court.
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West Virginia is an equitable distribution state. This means that courts will come to a decision on property distribution based on what is equitable, not necessarily equal, but what is fair. The courts do not consider marital misconduct when making this decision.
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