FAMILY LAW

YOUR FAMILY IS OUR PRIORITY 

 

 
 

We understand that family hardships are stressful so we here are to help you during this difficult time in your life. Whether you are going through a custody battle, ending your marriage or defending yourself against overwhelming allegations, Cary Law Office is here to help you through these trying times.

 

YOUR FAMILY IS OUR PRIORITY 

 

 
 

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YOUR FAMILY IS OUR PRIORITY 

 

 
 

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YOUR FAMILY IS OUR PRIORITY 

 

 
 

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GETTING WHAT YOU DESERVE

YOUR FAMILY DEPENDS ON IT



CLO prides itself in client satisfaction and we will guarantee that we will listen and develop your theories so that we may be in a better position to have a successful outcome. Our goal is to get the best possible result for you by being your number one advocate and supporter throughout the entire legal proceeding. We stand by our client reviews that are based on successful outcomes and client satisfaction.


LET US HELP YOUR FAMILY

FAMILIES ARE OUR PRIORITY



Family Law is an extremely important issue and CLO has over seven years of experience in fighting for and maintaining parental rights, child custody, or divorce. We promise to put our best foot forward to protect the rights of you and your family while ensuring the best possible outcome. CLO will help you strive through these uncertain times


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SOLUTION DRIVEN

We are here to get the best results for you


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CLO prides itself in client satisfaction and we will guarantee that we will listen and develop your theories so that we may be in a better position to have a successful outcome. Our goal is to get the best possible result for you by being your number one advocate and supporter throughout the entire legal proceeding. We stand by our client reviews that are based on successful outcomes and client satisfaction.

LET US HELP YOUR FAMILY


FAMILIES ARE OUR PRIORITY
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Family Law is an extremely important issue and CLO has over seven years of experience in fighting for and maintaining parental rights, child custody, or divorce. We promise to put our best foot forward to protect the rights of you and your family while ensuring the best possible outcome. CLO will help you strive through these uncertain times

COMMON FAMILY LAW ISSUES WE HANDLE

 
Adoption

The laws for adoption in West Virginia are centralized around what would be in the best interest of the minor child being adopted. Our laws provided an avenue for adopting families to navigate the legal system while protecting the interests of the child.  Although the adoption process would take place in the Circuit Court of Kanawha County, our firm can provide the experience to make the adoption process as simple as possible.


Custody

CLO excels in helping its clients find an appropriate child custody agreement that usually follows a divorce or separation of individuals.The court will intervene in these discussions if the agreements are not voluntary and will help to make a decision that is in the best interests of the child or children. There is physical and legal custody, joint custody, and split custody.


Guardianship

A guardian is selected through designation in the ward, for example a will, a spouse, a parent or relative, or a state employee or private individual. Guardianships are required when the ward is unable to act for him or herself so another individual must protect the ward. Guardians play the role of making decisions for a minor who cannot make these decisions for him or herself. Some of these decisions are medical care, management of finances, purchasing necessities, and arrangement for education. 


Child Support
Following a divorce or separation, the court has the power to order the non-custodial parent to pay child support. In some cases, both parents may have to pay child support to a third-party who is caring for the child. These finances are supposed to be used to support the custodial caretakers while raising the child. Child support allows the child to have the right for proper care and upbringing.

Divorce

Ending your marriage can be an emotionally difficult and trying time, but we can help you make it go as smoothly as possible by helping with property division, alimony, etc.


Child Support

Following a divorce or separation, the court has the power to order the non-custodial parent to pay child support. In some cases, both parents may have to pay child support to a third-party who is caring for the child. These finances are supposed to be used to support the custodial caretakers while raising the child. Child support allows the child to have the right for proper care and upbringing. 


Guardian ad Litem

A guardian ad litem is appointed by the court to work in the best interest of the child. The guardian ad litem has the job of investigating and recording all aspects of the child’s life. Investigations may include interviews with the parents and or guardians of the child and family associates who can comment on the family relationship. The guardian ad litem makes recommendations to the court on what should happen to the child which is very influential.


Parenting Plans

Parenting plans are extremely important in a child custody proceeding because the court is able to decide parental responsibility and time spent with the child while also deciding how decisions will be made for the child through the parents. It includes a parenting time schedule, parent’s individual decision-making responsibilities, and communication between the parents. These plans allow for the court to consider the differing sides of the parents and create a parenting plan that is in the best interests of the child.

 
FAMILY LAW FAQs
 


 
 

Family issues can be stressful, but we are here to make sure you are aware of what is happening each step of the way. 

 
SHOULD I HIRE AN ATTORNEY?

You have the option to file a Petition for Modification or Divorce without the assistance of an attorney, but it is important to remember your rights may be better protected with the help of counsel. The Circuit Clerk's Office can only provide you with he proper paperwork to fill out as they are prohibited by law to provide legal assistance.

It is also important to understand that there are specific deadlines for filing paperwork in family court cases that, if missed, could result in penalties against you or the Court accepting information filed by the other party.

WHAT IF I CANNOT AFFORD THE FILING FEE COST?

If you cannot afford to pay the filing fees, you should ask a Deputy Circuit Clerk for an affidavit to waive fees and costs. You can fill out the affidavit in the Clerk's Office. The affidavit requires you to list some basic information about your financial situation and to provide proof of your income by tax returns, pay stubs or government assistance. A Deputy Clerk will review your completed affidavit while you wait and tell you if you meet the legal requirements to have your fees and costs waived.

If you don't meet these requirements, you must pay the fees and costs, but you can ask the Court to review your affidavit later.

DOES IT COST TO FILE PAPERWORK?
To file a Petition for Modification, the filing fee is $85.00. The filing fee for a Petition for Divorce is $135.00. There are also different charges for service of process on the opposing party. There are several ways to serve the other party. You will want to make sure the opposing party is served before the case can proceed. You can call the Circuit Clerk's office a few days to a week after filing your paperwork to inquire about service.
WHAT IF MY CASE INVOLVES CHILDREN?
Whenever minor children are involved in family law matters, having an attorney to provide legal services to you are vital. The court proceedings can become very difficult and challenging to handle on your own. We will provide all assistance to you in filling out paperwork, filing, reviewing all issues, and understanding what outcomes you expect during the course of your case. We can also help take the burden of your case off your shoulders during an already difficult and emotional time.
WILL I NEED TO GO TO COURT FOR MY DIVORCE?

If you are wanting to divorce your spouse in the state of West Virginia, then you must go to court. The court will help to end your marital relationship and divide assets and debts. First, you must file for divorce in your respective county. The grounds for divorce are a no-fault grounds and fault-based grounds. Property and debts will be divided between the two individuals. Following a divorce, the court may order one individual to pay alimony or spousal support to the other individual. 

WHAT IS A GUARDIAN AD LITEM?
The court may appoint a Guardian ad Litem to represent a minor child's best interests. The Guardian ad Litem will act as the attorney on behalf of the child/ren in a family law case and provide a voice for the child/ren in the courtroom. Guardian ad Litem will investigate the best placement for the child, interview all relevant parties including any minor children involved in the case, and recommend their findings to the Court during the proceedings.
HOW MUCH WILL THE ATTORNEY FEE COSTS
Our attorney fee will vary depending upon the circumstances of your case and the county in which your case will be heard. If you wish to file a petition of any kind in the Family Court of your county, please call us to further discuss the details of your case and the retainer fee amount.
HOW DOES A COURT DETERMINE WHO GETS CUSTODY?

In West Virginia, child custody is based on the considerations of the current relationship between the child and both parents, emotional stability of each parent, each parent’s willingness to care for their child, the child’s mental and physical health, and each parents’ mental and physical health. If one parent retains custody, then the other parent may be on a visitation schedule which may include weekends and holidays with the child. The decision of child custody always considers what  is in the best interests of the child. 

FAMILY LAW FAQs

 


 

Family issues can be stressful, but we are here to make sure you are aware of what is happening each step of the way. 

SHOULD I HIRE AN ATTORNEY?

You have the option to file a Petition for Modification or Divorce without the assistance of an attorney, but it is important to remember your rights may be better protected with the help of counsel. The Circuit Clerk's Office can only provide you with he proper paperwork to fill out as they are prohibited by law to provide legal assistance.

It is also important to understand that there are specific deadlines for filing paperwork in family court cases that, if missed, could result in penalties against you or the Court accepting information filed by the other party.

WHAT IF I CANNOT AFFORD THE FILING FEE COST?

If you cannot afford to pay the filing fees, you should ask a Deputy Circuit Clerk for an affidavit to waive fees and costs. You can fill out the affidavit in the Clerk's Office. The affidavit requires you to list some basic information about your financial situation and to provide proof of your income by tax returns, pay stubs or government assistance. A Deputy Clerk will review your completed affidavit while you wait and tell you if you meet the legal requirements to have your fees and costs waived.

If you don't meet these requirements, you must pay the fees and costs, but you can ask the Court to review your affidavit later.

DOES IT COST TO FILE PAPERWORK?
To file a Petition for Modification, the filing fee is $85.00. The filing fee for a Petition for Divorce is $135.00. There are also different charges for service of process on the opposing party. There are several ways to serve the other party. You will want to make sure the opposing party is served before the case can proceed. You can call the Circuit Clerk's office a few days to a week after filing your paperwork to inquire about service.
WHAT IF MY CASE INVOLVES CHILDREN?
Whenever minor children are involved in family law matters, having an attorney to provide legal services to you are vital. The court proceedings can become very difficult and challenging to handle on your own. We will provide all assistance to you in filling out paperwork, filing, reviewing all issues, and understanding what outcomes you expect during the course of your case. We can also help take the burden of your case off your shoulders during an already difficult and emotional time.
WHAT IS A GUARDIAN AD LITEM?
Whenever minor children are involved in family law matters, having an attorney to provide legal services to you are vital. The court proceedings can become very difficult and challenging to handle on your own. We will provide all assistance to you in filling out paperwork, filing, reviewing all issues, and understanding what outcomes you expect during the course of your case. We can also help take the burden of your case off your shoulders during an already difficult and emotional time.
HOW MUCH WILL THE ATTORNEY FEE COSTS?
Our attorney fee will vary depending upon the circumstances of your case and the county in which your case will be heard. If you wish to file a petition of any kind in the Family Court of your county, please call us to further discuss the details of your case and the retainer fee amount.
HOW DOES A COURT DETERMINE WHO GETS CUSTODY?

In West Virginia, child custody is based on the considerations of the current relationship between the child and both parents, emotional stability of each parent, each parent’s willingness to care for their child, the child’s mental and physical health, and each parents’ mental and physical health. If one parent retains custody, then the other parent may be on a visitation schedule which may include weekends and holidays with the child. The decision of child custody always considers what  is in the best interests of the child. 




FAMILY LAW FAQs

 


 
SHOULD I HIRE AN ATTORNEY?

You have the option to file a Petition for Modification or Divorce without the assistance of an attorney, but it is important to remember your rights may be better protected with the help of counsel. The Circuit Clerk's Office can only provide you with he proper paperwork to fill out as they are prohibited by law to provide legal assistance.

It is also important to understand that there are specific deadlines for filing paperwork in family court cases that, if missed, could result in penalties against you or the Court accepting information filed by the other party.

WHAT IF I CANNOT AFFORD THE FILING FEE COST?

If you cannot afford to pay the filing fees, you should ask a Deputy Circuit Clerk for an affidavit to waive fees and costs. You can fill out the affidavit in the Clerk's Office. The affidavit requires you to list some basic information about your financial situation and to provide proof of your income by tax returns, pay stubs or government assistance. A Deputy Clerk will review your completed affidavit while you wait and tell you if you meet the legal requirements to have your fees and costs waived.

If you don't meet these requirements, you must pay the fees and costs, but you can ask the Court to review your affidavit later.

DOES IT COST TO FILE PAPERWORK?
To file a Petition for Modification, the filing fee is $85.00. The filing fee for a Petition for Divorce is $135.00. There are also different charges for service of process on the opposing party. There are several ways to serve the other party. You will want to make sure the opposing party is served before the case can proceed. You can call the Circuit Clerk's office a few days to a week after filing your paperwork to inquire about service.
WHAT IF MY CASE INVOLVES CHILDREN?
Whenever minor children are involved in family law matters, having an attorney to provide legal services to you are vital. The court proceedings can become very difficult and challenging to handle on your own. We will provide all assistance to you in filling out paperwork, filing, reviewing all issues, and understanding what outcomes you expect during the course of your case. We can also help take the burden of your case off your shoulders during an already difficult and emotional time.
HOW MUCH WILL THE ATTORNEY FEE COSTS?
Our attorney fee will vary depending upon the circumstances of your case and the county in which your case will be heard. If you wish to file a petition of any kind in the Family Court of your county, please call us to further discuss the details of your case and the retainer fee amount.
WHAT IS A GUARDIAN AD LITEM?
The court may appoint a Guardian ad Litem to represent a minor child's best interests. The Guardian ad Litem will act as the attorney on behalf of the child/ren in a family law case and provide a voice for the child/ren in the courtroom. Guardian ad Litem will investigate the best placement for the child, interview all relevant parties including any minor children involved in the case, and recommend their findings to the Court during the proceedings.
WE ARE HERE TO HELP

Contact us for a free consultation

Do you have a query or problem that you would like to talk about, or are you curious to hear more about how we can help you? Get in touch today! We look forward to hearing from you.


Call Us Today


122 Capitol Street, Suite 200
Charleston, WV, 25301
E-mail: mcary@cary-law.com
Fax: 681-265-3801



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