Family Law

Common Family Law Challenges

We understand that family law cases are rarely simple. Whether it’s a contested divorce or a guardianship issue, the legal system can feel overwhelming. Our team is here to support you through every step.

Here are some of the most common challenges we help clients navigate:

1. Contested Divorce: Disputes over marital fault or asset division can prolong divorce proceedings and increase stress for all involved.
2. Child Custody Disputes: Disagreements about parenting time and decision-making authority can be intense—especially when there’s no existing agreement or clear plan in place.
3. Support Conflicts: Determining the right amount for child or spousal support often leads to legal battles over income, expenses, and fairness.
4. Guardianship Issues: When a parent is unable to care for a child, legal guardianship may be necessary. The process can be complex, especially when families disagree on what’s best.

No matter the issue, our West Virginia family law attorneys are ready to stand up for your rights both inside and outside the courtroom.

Family Law in West Virginia: What You Need to Know

Understanding how West Virginia law applies to your case is the first step to resolving it effectively. Our attorneys use their deep knowledge of the West Virginia Code to protect your interests.

West Virginia Divorce Law

Divorce can be emotionally and financially challenging. West Virginia law outlines specific grounds and procedures to help you move forward while protecting your interests. Whether your divorce is uncontested or more complex, understanding your rights is key.

We can help with:

• No-Fault Divorce: You can file based on irreconcilable differences after being separated for one year (W. Va. Code § 48-5-201).
• Fault-Based Divorce: Grounds such as adultery, cruelty, or addiction may be cited and could impact the outcome.
• Equitable Property Division: Marital assets are divided fairly, not necessarily equally, depending on each spouse’s contributions and needs (W. Va. Code § 48-7-101).
• Spousal Support: Courts consider income, earning capacity, length of marriage, and more to determine alimony.

Child Custody in West Virginia

Custody disputes are often the most emotional part of a family case. In West Virginia, the law aims to ensure stability and fairness for the child and both parents. Our team helps you create plans that serve your child’s best interests and meet legal requirements.

We can help with:

• 50/50 Custody Presumption: Since 2022, courts presume equal parenting time unless there’s evidence to justify a different arrangement (W. Va. Code § 48-9-102a).
• Parenting Plans: Courts require detailed parenting plans that outline time-sharing, responsibilities, and dispute resolution methods.
• Best Interests of the Child: This standard remains at the heart of all custody and visitation decisions.

Adoption in West Virginia

Adoption is a beautiful way to grow your family, but it must be handled with precision. At Katz, Kantor, Stonestreet & Buckner, helping families formalize legal bonds that already exist or start a new chapter together.

We assist with:

• Stepparent Adoptions: Helping a spouse become a legal parent when the biological parent is absent or consents.
• Foster Care & Private Adoptions: Managing court filings and ensuring all legal steps—from consent to finalization—are properly followed.
• Contested Adoptions: Representing adoptive parents when a birth parent disputes or revokes consent within the legal timeframe.

We provide clear legal guidance while making sure your case complies with West Virginia’s adoption statutes.

Guardianship and Legal Care for Minors

When parents are unable to provide care, guardianship gives another adult the legal authority to make decisions for a minor. Whether you’re a grandparent, relative, or someone stepping in for a child in need, guardianship may be the right path.

We can help with:

• Filing for guardianship in family court
• Preparing necessary documentation
• Representing you during contested hearings
• Modifying existing guardianship orders when circumstances change

Our legal team helps families across southern West Virginia obtain guardianship that prioritizes the child’s safety and well-being.

Start Your Family Law Case Today – We’re Here to Help

Legal issues involving your family are never easy, but you don’t have to face them alone. Whether you’re filing for divorce, seeking custody, pursuing a West Virginia adoption, or stepping in as a legal guardian, our attorneys are ready to support you every step of the way.