West Virginia Code § 51-2A-2

Family court jurisdiction; exceptions; limitations
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(a) The family court shall exercise jurisdiction over the following matters:
(1) All actions for divorce, annulment or separate maintenance brought under the provisions
of §48-3-1 et seq., §48-4-1 et seq., or §48-5-1 et seq. of this code, except as provided in
subsections (b) and (c) of this section;
(2) All actions to obtain orders of child support brought under the provisions of §48-11-1 et
seq., §48-12-1 et seq., and §48-14-1 et seq. of this code;
(3) All actions to establish paternity brought under the provisions of §48-24-1 et seq. of this
code and any dependent claims related to such actions regarding child support, parenting
plans or other allocation of custodial responsibility or daecision-making responsibility for a
child;
(4) All actions for grandparent visitation brought under the provisions of §48-10-1 et seq. of
this code;
(5) All actions for the interstate enforcement of family support brought under §48-16-1 et
seq. of this code and for the interstate enforcement of child custody brought under the
provisions of §48-20-1 et seq. of this code;
(6) All actions for the establishment of a parenting plan or other allocation of custodial
responsibility or decisioLn-making responsibility for a child, including actions brought under
the Uniform Child Custody Jurisdiction and Enforcement Act, as provided in §48-20-1 et seq.
of this code;
(7) All petitions for writs of habeas corpus in which the issue contested is custodial
responsibility for a child;
(8) All motions for temporary relief affecting parenting plans or other allocation of custodial
responsibility or decision-making responsibility for a child, child support, spousal support or
domestic violence;
(9) All motions for modification of an order providing for a parenting plan or other allocation
of custodial responsibility or decision-making responsibility for a child or for child support or
spousal support;
(10) All actions brought, including civil contempt proceedings, to enforce an order of spousal
or child support or to enforce an order for a parenting plan or other allocation of custodial
responsibility or decision-making responsibility for a child;
(11) All actions brought by an obligor to contest the enforcement of an order of support
through the withholding from income of amounts payable as support or to contest an
affidavit of accrued support, filed with the circuit clerk, which seeks to collect an arrearage;
(12) All final hearings in domestic violence proceedings;
(13) Petitions for a change of name, exercising concurrent jurisdiction with the circuit court;
(14) All proceedings for payment of attorney fees if the family court judge has jurisdiction of
the underlying action;
(15) All proceedings for property distribution brought under §48-7-1 et seq. of this code;
(16) All proceedings to obtain spousal support brought under §48-8-1 et seq. of this code;
(17) All proceedings relating to the appointment of guardiants or curators of minor children
brought pursuant to §44-10-3, §44-10-4 and §44-10-6 of this code, exercising concurrent
jurisdiction with the circuit court; and
(18) All proceedings relating to petitions for sibling visitation.
(b) If an action for divorce, annulment, or separate maintenance does not require the
establishment of a parenting plan or other allocation of custodial responsibility or decision-
making responsibility for a child and does not require an award or any payment of child
support, the circuit court has concurrent jurisdiction with the family court over the action if,
at the time of the filing of the eaction, the parties also file a written property settlement
agreement executed by both parties.
(c) If an action for divorce, annulment, or separate maintenance is pending and a petition is
filed pursuant to the provisions of §49-4-601 through §49-4-610 of this code alleging abuse or
neglect of a child by either of the parties to the divorce, annulment, or separate maintenance
action, the orders of the circuit court in which the abuse or neglect petition is filed shall
supersede and take precedence over an order of the family court respecting the allocation of
cusWtodial and decision-making responsibility for the child between the parents. If no order
for the allocation of custodial and decision-making responsibility for the child between the
parents has been entered by the family court in the pending action for divorce, annulment,
or separate maintenance, the family court shall stay any further proceedings concerning the
allocation of custodial and decision-making responsibility for the child between the parents
and defer to the orders of the circuit court in the abuse or neglect proceedings.
(d) If a family court judge is assigned as a judicial officer of a domestic violence court then
jurisdiction of all proceedings relating to criminal misdemeanor crimes of domestic violence
as referenced in §48-27-301 of this code involving a family or household member as
referenced in §48-27-204(1) through §48-27-204(6) and §48-27-204(7)(A), §48-27-204(7)(B),
and §48-27-204(7)(H) of this code shall be concurrent with the circuit and magistrate courts.
(e) A family court is a court of limited jurisdiction. A family court is a court of record only for
the purpose of exercising jurisdiction in the matters for which the jurisdiction of the family
court is specifically authorized in this section and in chapter 48 of this code. A family court
may not exercise the powers given courts of record in §51-5-1 of this code or exercise any
other powers provided for courts of record in this code unless specifically authorized by the
Legislature. A family court judge is not a "judge of any court of record" or a "judge of a court
of record" as the terms are defined and used in §51-9-1 et seq. of this code.

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