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Child Custody Former State Trooper, Current Lawyer, Always Comitted to You

Logan County Child Custody Attorney

Understanding Your Rights as a Parent

Whether you are a parent going through a divorce or an unmarried parent in the process of a breakup, the issue of child custody is likely on your mind. It is important to learn as much as you can about the child custody process, including how the courts determine who gets custody and what your rights are as a parent.

At Kuenzel Law, PLLC, we understand that your children are the most important thing in your life. Our experienced family law attorneys are here to help you understand your rights as a parent and help you navigate the child custody process.


Call us today at (304) 427-5706 or contact us online to schedule a consultation with our Logan County child custody attorney. We are here to help.


What Is Child Custody?

Child custody is a term used to describe the legal relationship between a parent and a child. It is important to note that child custody and visitation are two different things.

Child custody refers to a parent’s:

  • Right to make decisions regarding the child’s upbringing, including medical, educational, and religious decisions
  • Legal responsibility for the child

Child visitation, on the other hand, refers to a parent’s right to see the child.

There are two main types of child custody:

  • Legal custody: This refers to a parent’s right to make decisions regarding the child’s upbringing, including medical, educational, and religious decisions. Legal custody can be awarded to one parent (sole custody) or both parents (joint custody).
  • Physical custody: This refers to the amount of time a child spends with each parent. Physical custody can be awarded to one parent (sole custody) or both parents (joint custody).

How Do the Courts Determine Who Gets Custody?

When determining child custody, the courts use the “best interest of the child” standard. This standard requires the court to consider several factors to determine what is best for the child.

These factors include:

  • The child’s age
  • The child’s needs
  • The child’s relationship with each parent
  • The child’s relationship with his or her siblings
  • The child’s safety
  • The child’s physical and mental health
  • The parent’s ability to provide for the child’s needs
  • The parent’s relationship with the child
  • Each parent’s mental and physical health
  • The parent’s ability to provide a safe home for the child
  • The parent’s ability to provide for the child’s emotional and developmental needs
  • The parent’s willingness to encourage a relationship between the child and the other parent
  • The parent’s ability to meet the child’s needs
  • Any history of domestic violence

What Are My Rights as a Parent in West Virginia?

In West Virginia, parents have certain rights when it comes to their children. These rights include the right to:

  • Make decisions regarding the child’s upbringing
  • Have a relationship with the child
  • Discipline the child
  • Provide for the child’s needs

If you are going through a divorce or breakup, it is important to understand that you have rights as a parent. Our Logan County child custody attorneys can help you understand your rights and work to protect your parental rights during the child custody process.

Can Unmarried Parents Get Custody?

Yes, unmarried parents can get custody of their children. If you and your child’s other parent are not married and you are going through a breakup, you can file a petition for custody.

It is important to note that if you are an unmarried father, you will need to establish paternity before you can get custody of your child. Our attorneys can help you establish paternity and work to protect your parental rights.

How to File for Child Custody

If you are a parent and you are going through a divorce or a breakup, you will need to file for child custody. Our attorneys can help you file the necessary paperwork and guide you through the process.

Can I Get Custody of My Child If I Am Not the Biological Parent?

If you are not the biological parent of a child, you will need to adopt the child in order to get custody. Our attorneys can help you with the adoption process and work to protect your rights as a stepparent.

Can I Get Custody of My Grandchild?

If you are a grandparent and you are concerned about your grandchild’s well-being, you may be wondering if you can get custody. In West Virginia, grandparents can get custody of their grandchildren under certain circumstances.

These circumstances include:

  • The child’s parent is unfit
  • The child’s parent is deceased
  • The child’s parent has abandoned the child
  • The child’s parent has a drug or alcohol problem
  • The child’s parent has a mental illness
  • The child’s parent is incarcerated

If you are a grandparent and you are concerned about your grandchild’s well-being, our attorneys can help you understand your rights and work to protect your grandchild.

How to Modify a Child Custody Order

Child custody orders are not set in stone. If you are a parent and you want to modify a child custody order, our attorneys can help you file a petition for modification and work to get the order changed.

There are several circumstances that may warrant a change in a child custody order, including:

  • One parent is moving
  • One parent is not following the order
  • The child is in danger
  • The child’s needs have changed
  • The child is older and wants to live with the other parent

Call us today at (304) 427-5706 or contact us online to schedule a consultation with our Logan County child custody attorney. We are here to help.


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  • Rob represented me in a couple of matters, one being my divorce and the other a car accident. He is an excellent lawyer who cares about his clients. He’s very knowledgeable in law and an honorable man.
    - Karen J.
  • Rob really came through for us with or DHHR case. He was so professional and caring. He successfully argued our position and we ultimately were able to give our foster child a forever home.
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  • I can’t explain what it was but when I spoke to Rob, his passion for law just made my decision for me. He went above and beyond what I expected and we couldn't be happier with the outcome!
    - Former Client
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