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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A court may award visitation of a child by a parent who has committed domestic violence only if the court finds that adequate provision for the safety of the child and the petitioner can be made.
(b) In a visitation order, a court may:
(1) Order an exchange of a child to occur in a protected setting;
(2) Order that supervision be provided by another person or agency;
(3) Order the perpetrator of domestic violence to attend and complete, to the satisfaction of the court, a program of intervention for perpetrators as a condition of the visitation;
(4) Order the perpetrator of domestic violence to abstain from possession or consumption of alcohol or controlled substances during the visitation and for the twelve hours that precede the visitation;
(5) Order the perpetrator of domestic violence to pay the costs of supervised visitation, if any;
(6) Prohibit overnight visitation;
(7) Impose any other condition that the court considers necessary to provide for the safety of the child, the petitioner or any other family or household member.
(c) Regardless of whether visitation is allowed, the court may order that the address of the child and the petitioner be kept confidential.
(d) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation.
Cite this article: FindLaw.com - West Virginia Code Chapter 48. Domestic Relations § 48-27-509. Conditions of visitation in cases involving domestic violence - last updated January 01, 2024 | https://codes.findlaw.com/wv/chapter-48-domestic-relations/wv-code-sect-48-27-509/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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