Family Reunification in West Virginia

Incarceration does not automatically end your parental rights. West Virginia courts use the "best interests of the child" standard, which looks at many factors — not just your record. You have the right to petition for custody or visitation even after a period of incarceration.

Courts must give you a real opportunity to be heard. You can request a court-appointed attorney in termination proceedings. And you can build a case showing you're ready to be a present, stable parent.

If DHHR filed an abuse and neglect case while you were incarcerated, you likely have a case plan. Call Legal Aid WV (866-255-4370) immediately — deadlines in these cases matter.

If WV DHHR (Department of Health & Human Resources) opened a case while you were incarcerated, your children may be in foster care or placed with relatives through a foster care agreement. Here's what you need to know:

• 1
  Find out if there's an open case

  Call WV DHHR Child Protective Services at 800-352-6513 and ask if there's an active case on your children. If there is, ask for the name of your family's assigned caseworker. You have the right to speak with them.

• 2
  Get a copy of your case plan

  If there's an open case, DHHR will have a Family Case Plan that outlines what you need to do to be reunified with your children — usually things like completing treatment, getting housing, attending parenting classes. You're entitled to a copy. Ask for it in writing.

• 3
  Understand your timeline — it's strict

  Under federal law (ASFA), if your child has been in foster care for 15 of the last 22 months, the state must file to terminate parental rights — unless there are compelling reasons not to. Do not delay. Get legal help immediately if your child has been in foster care.

• 4
  Complete every step in the case plan — document everything

  Courts look for consistent effort. Attend all required programs, treatments, and classes. Save every certificate, letter, and attendance record. This evidence matters in court. Ask your caseworker to note your progress in the file.

• 5
  Attend every hearing — in person if at all possible

  Family court holds regular review hearings in open cases. Your attendance shows the court you are committed. If you're still incarcerated, ask your attorney or the facility about video appearance options.

If DHHR is not involved and your children are with their other parent, grandparents, or another family member, you can file directly with the family court to request custody or visitation.

• 1
  Gather your documents

  You'll need proof of identity (state ID), any existing custody orders, your release paperwork, documentation of completed programs (substance abuse treatment, parenting classes, etc.), and evidence of stable housing if you have it. Courts want to see your full picture.

• 2
  File a Motion to Modify Custody or Establish Visitation

  File in the family court of the county where your child lives. Ask the circuit court clerk's office for the forms — they are required to give them to you. Fill out the petition clearly and honestly. If you need help, Legal Aid of WV can assist with forms and filing.

• 3
  Request a fee waiver if needed

  Filing fees typically range from $50–$200 depending on the county. If you can't afford it, request an in forma pauperis fee waiver from the clerk. Income-based waivers are available. Legal Aid can help you apply.

• 4
  Serve the other party and wait for a response

  The court will arrange service on the other parent or guardian. They have 20 days to respond. During this time, prepare your evidence of stability: housing, employment or training, completed programs, support network.

• 5
  Attend your hearing — tell your story

  Family court judges want to hear from you directly. Be honest about your past and clear about your plans. Bring documentation of your progress. If the judge orders supervised visitation first, comply 100% — that's your path to unsupervised time.

• 6
  Build toward more contact over time

  Courts often start with limited, supervised visitation and increase it as you demonstrate stability. Each hearing is a chance to show your progress. Request a review hearing if you want the order modified as your situation improves.

West Virginia has dedicated Family Court judges in each judicial circuit who handle custody, visitation, and child welfare matters. Here's how the process typically works:

• Family Court is different from criminal court

  The standard is "best interests of the child," not guilt or innocence. Your criminal record is one factor — not the only one. Evidence of rehabilitation, stability, and your relationship with your children matters just as much.

• Hearings are usually in a small courtroom or conference room

  Family court hearings tend to be less formal than criminal proceedings. You'll sit at a table, not a defendant's bench. Bring your documents in a folder, arrive 15 minutes early, and dress conservatively.

• Mediation may be offered first

  WV family courts often require or offer mediation before a contested custody hearing. This is a chance to reach an agreement with the other party without going before a judge. Legal Aid can help you prepare for mediation.

• Parenting plans are the outcome

  The court typically orders a Parenting Plan that specifies custody schedule, visitation times, decision-making rights, and any conditions (like supervised visitation). Once it's signed by the judge, both parties must follow it.

• You can modify an order later

  Family court orders can always be modified if circumstances change. Once you have stable housing, completed programs, and demonstrated consistency, file a Motion to Modify to get more time with your children.

Legal help — start here:

• Legal Aid of West Virginia — Family Division 866-255-4370

  Free civil legal services for low-income West Virginians. Handles custody petitions, visitation reinstatement, DHHR case representation, and termination of parental rights defense. This is your first call.

• Mountain State Justice 304-344-3144

  Nonprofit legal organization serving WV. Provides family law representation and advocacy for women in reentry. Offices in Charleston.

• WV DHHR Child Protective Services 800-352-6513

  Find out if there's an open case, get your caseworker's name, and request a copy of your family case plan. Available Monday–Friday, 8am–5pm.

• WV Court Services Unit 304-558-0145

  General information about WV family court processes and finding your local family court judge's office.

Family court clerks by county — file your petition here:

Don't see your county? Call the WV Court Services Unit at 304-558-0145 for your local clerk's number.

If the court orders supervised visitation, these programs provide a safe, neutral setting for you to visit with your children — with a trained supervisor present. They're not punishment; they're a bridge.

• WV Safe Kids Visitation Centers

  DHHR-affiliated centers across the state provide supervised visitation in a child-friendly environment. Your caseworker can refer you or call DHHR at 800-352-6513 to ask about centers in your area.

• Safe Families for Children — WV 304-343-3851

  Volunteers and faith communities who support families in crisis. Can facilitate contact between children and parents in a supportive environment. Based in Charleston.

• Court-Ordered Visitation via DHHR Foster Care Workers

  If your children are in foster care, your DHHR caseworker typically coordinates and supervises visits. Ask your caseworker specifically how many visits per week you're entitled to, and request in writing that they document your attendance and conduct during visits.

• Family Resource Networks — Local Programs

  WV has 13 regional Family Resource Networks. Call WV 211 (dial 211) and ask for family visitation or parenting support services near you. They maintain the most current list of local programs.

The first visits can be emotional, awkward, and beautiful all at once. Here's how to make them meaningful — for your kids and for your case.

• Let your child set the pace

  Especially after a long separation, children may be shy, distant, or even angry. Don't push for affection — let them lead. Showing patience and calm is more powerful than forcing emotional connection. Being present is enough.

• Be consistent — every single time

  Show up for every scheduled visit. Never cancel. Courts and caseworkers track visit attendance. Children need to know they can count on you. Consistency is the single biggest thing you can do to rebuild trust — and your legal case.

• Keep it age-appropriate and calm

  Bring simple activities — a coloring book, a card game, a puzzle. Avoid heavy conversations about custody, the other parent, or what happened. Your children don't need to carry adult problems. Let the visit be about being together.

• Don't speak negatively about the other parent or caregiver

  Supervisors document everything. Negative comments about the other parent hurt your children and your case. Even if the situation is unjust, keep those conversations out of the visit entirely.

• Use the visits to show stability — not desperation

  Courts look for a parent who is grounded, present, and focused on the child — not one who is overwhelmed by their own emotions. Grieve the time you lost on your own time, not in the visit.

• Ask about letters, cards, and phone calls between visits

  If face-to-face visits are infrequent, ask your caseworker or the other parent about sending letters or making phone calls to your children between visits. This shows ongoing engagement and helps maintain the relationship.

• Document your own observations

  After each visit, write down what you did, how it went, and any concerns you noticed. If something inappropriate happens — or your visits are cancelled without cause — this written record protects you in court.

• Can my parental rights be terminated just because I was incarcerated?
  No. Incarceration alone is not grounds for termination of parental rights in West Virginia. The court must find clear and convincing evidence of abuse, neglect, or abandonment — not just a criminal record. That said, if your child has been in foster care for 15+ months, DHHR may be required to file for termination. Get legal help immediately if this applies to you.
• My children are with my mother / a relative. Do I still need to go to court?
  It depends on whether there's a formal custody order. If a court granted your relative temporary custody, you'll need to file a motion to modify that order. If it's informal, you may be able to reach an agreement without court — but get it in writing, and consider asking Legal Aid to formalize it. Informal arrangements offer you no legal protection.
• DHHR says I need to complete a parenting class, substance abuse treatment, and get housing. Where do I start?
  Start with the item that will take the longest — usually housing. Call HELP4WV (833-435-7435) for emergency housing help. For parenting classes, ask your DHHR caseworker for approved providers in your area. For substance abuse treatment, call SAMHSA (800-662-4357). Document every step you complete with written proof.
• The other parent is blocking my visitation. What can I do?
  If you have a court order for visitation and the other parent is violating it, file a Motion for Contempt with the family court. Document every missed visit in writing. Courts take violations of custody orders seriously. Legal Aid of WV can help you file at no cost.
• I can't afford an attorney. Can I still file?
  Yes. You can represent yourself (pro se) in family court — clerks can give you the forms. But for termination of parental rights cases, you are entitled to a court-appointed attorney. Call Legal Aid WV at 866-255-4370 first — they provide free representation and can often take your case.
• How long does a custody case take in WV?
  Uncontested cases (where both parties agree) can resolve in 1–3 months. Contested cases typically take 6–18 months, depending on the county and how complex the situation is. DHHR abuse and neglect cases have statutory deadlines that move faster — typically resolved within 12 months.
• Will my drug conviction automatically prevent me from getting custody?
  No. A past drug conviction is a factor, but not an automatic bar. Courts look at your current situation — sobriety, treatment completion, housing, support network. Many mothers with drug-related convictions successfully regain custody after demonstrating sustained recovery. Document every program you've completed.