WEST virginia Legislature

2017 regular session

BY REQUEST

Introduced

House Bill 2925

By Delegates Phillips, Westfall, Hollen, Walters, Hanshaw, Lane, Miller, R. and Rohrbach       

[Introduced March 10, 2017; Referred
to the Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §48-9-605, relating to domestic relations; and permitting a child sixteen years of age or older to petition for a change of parental custody.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §48-9-605, to read as follows:

ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.

§48-9-605. Modification of parenting plan upon petition by child.

Notwithstanding the provisions of this chapter to the contrary:

(1) A child who is sixteen years of age or older and who is subject to a custody order or decree may file a petition to change custody and visitation.

 (2) A petitioner under this section may file the proceeding in the petitioner's own name and need not proceed by the guardian or next friend. If a petitioner under this section petitions a court to amend a custody order or decree, the court:

(A) Shall hold a hearing; and

(B) May amend the order or decree and place the child in the custody visitation of the parent designated by the child.

NOTE: The purpose of this bill is to permit a child sixteen years of age or older to petition for a change of parental custody.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.