As I indicated in my previous post, I wanted to start my legal discussion on the subject of West Virginia domestic relations law. This is the same area of the law in which I began my legal career, under the guidance of one of West Virginia’s finest family law practitioners, C. Elton “Buck” Byron, Jr. The focus of this post will be on providing an overview of West Virginia’s unified family court system, which is where most family law matters are resolved.
On November 7, 2000, an amendment to the West Virginia Constitution was ratified by West Virginia voters, creating the framework for West Virginia’s current unified family court system. That amendment to Article 8, Section 16 of the West Virginia Constitution provided:
“There is hereby created under the general supervisory control of the supreme court of appeals a unified family court system in the state of West Virginia to rule on family law and related matters. Family courts shall have original jurisdiction in the areas of family law and related matters as may hereafter be established by law. Family courts may also have such further jurisdiction as established by law.
Family court judges shall be elected by the voters for a term prescribed by law not to exceed eight years, unless sooner removed or retired as authorized in this article. Family court judges must be admitted to practice law in this state for at least five years prior to their election. Family court judges shall reside in the circuit for which he or she is a judge.
The necessary number of family court judges, the number of family court circuits and the arrangement of circuits shall be established by law. Staggered terms of office for family court judges may also be established by law.
The supreme court of appeals shall have general supervisory control over all family courts and may provide for the assignment of a family court judge to another court for temporary service. The provisions of section seven and eight of this article applicable to circuit judges shall also apply to family court judges.”
This constitutional provision, along with subsequent implementing legislation passed by the West Virginia Legislature, created the current family court system that now operates in the State of West Virginia. There are presently 35 family court judges, serving 26 family court circuits. As a result of recent legislative changes, the family court circuits will be realigned on January 1, 2009. A partially up-to-date list of the current family court judges, as well as a map showing the coming family court circuit realignment, can be found here, at the web site maintained by the West Virginia Supreme Court of Appeals. It is important to note that this list of family court judges does not account for retirements or other changes since its compilation (such as the retirement of Judge Edwin B. Wiley from Mercer and McDowell County). It is also important to note that this list does not provide for the changes in family court judges that will occur on January 1, 2009 as a result of recent elections.
West Virginia’s family courts are courts of limited jurisdiction. This means that West Virginia’s family courts are only empowered to hear those types of cases that (1) are within the specific constitutional grant of authority made to them under Article 8, Section 16 of the West Virginia Constitution and (2) have been entrusted to the family courts by a specific grant of subject matter jurisdiction made by the West Virginia Legislature. This limited jurisdiction is in contrast to West Virginia’s circuit courts, which are courts of general jurisdiction and presumed to have subject matter jurisdiction over any controversy brought before them (absent a showing to the contrary). In West Virginia Code § 51-2A-2, the West Virginia Legislature defined the specific jurisdictional areas that are within the purview of West Virginia’s family courts, empowering them with jurisdiction to decide the following types of cases:
(1) Actions for divorce, annulment and separate maintenance (as well as any related claims)
On November 7, 2000, an amendment to the West Virginia Constitution was ratified by West Virginia voters, creating the framework for West Virginia’s current unified family court system. That amendment to Article 8, Section 16 of the West Virginia Constitution provided:
“There is hereby created under the general supervisory control of the supreme court of appeals a unified family court system in the state of West Virginia to rule on family law and related matters. Family courts shall have original jurisdiction in the areas of family law and related matters as may hereafter be established by law. Family courts may also have such further jurisdiction as established by law.
Family court judges shall be elected by the voters for a term prescribed by law not to exceed eight years, unless sooner removed or retired as authorized in this article. Family court judges must be admitted to practice law in this state for at least five years prior to their election. Family court judges shall reside in the circuit for which he or she is a judge.
The necessary number of family court judges, the number of family court circuits and the arrangement of circuits shall be established by law. Staggered terms of office for family court judges may also be established by law.
The supreme court of appeals shall have general supervisory control over all family courts and may provide for the assignment of a family court judge to another court for temporary service. The provisions of section seven and eight of this article applicable to circuit judges shall also apply to family court judges.”
This constitutional provision, along with subsequent implementing legislation passed by the West Virginia Legislature, created the current family court system that now operates in the State of West Virginia. There are presently 35 family court judges, serving 26 family court circuits. As a result of recent legislative changes, the family court circuits will be realigned on January 1, 2009. A partially up-to-date list of the current family court judges, as well as a map showing the coming family court circuit realignment, can be found here, at the web site maintained by the West Virginia Supreme Court of Appeals. It is important to note that this list of family court judges does not account for retirements or other changes since its compilation (such as the retirement of Judge Edwin B. Wiley from Mercer and McDowell County). It is also important to note that this list does not provide for the changes in family court judges that will occur on January 1, 2009 as a result of recent elections.
West Virginia’s family courts are courts of limited jurisdiction. This means that West Virginia’s family courts are only empowered to hear those types of cases that (1) are within the specific constitutional grant of authority made to them under Article 8, Section 16 of the West Virginia Constitution and (2) have been entrusted to the family courts by a specific grant of subject matter jurisdiction made by the West Virginia Legislature. This limited jurisdiction is in contrast to West Virginia’s circuit courts, which are courts of general jurisdiction and presumed to have subject matter jurisdiction over any controversy brought before them (absent a showing to the contrary). In West Virginia Code § 51-2A-2, the West Virginia Legislature defined the specific jurisdictional areas that are within the purview of West Virginia’s family courts, empowering them with jurisdiction to decide the following types of cases:
(1) Actions for divorce, annulment and separate maintenance (as well as any related claims)
(2) Actions to establish or modify child support
(3) Actions to establish paternity and to deal with claims related to
paternity, such as establishing child support or child custody
(4) Actions for grandparent visitation
(5) Actions for the interstate enforcement of family support orders
(6) Actions to establish child custody or a parenting plan
(7) Actions to modify child custody or a parenting plan
(8) Actions involving petitions for writs of habeas corpus where child custody is involved
(9) Actions for contempt involving family support orders
(10) Actions for a name change (jurisdiction is concurrent with circuit court)
(11) Domestic violence proceedings
(12) Actions for the appointment of a guardian or curator for a minor child
(13) Actions for sibling visitation
Unless a case involves one of these specific claims, which are defined in greater detail in West Virginia Code § 51-2A-2, then the case is outside the subject matter jurisdiction of West Virginia’s family courts.
Unless a case involves one of these specific claims, which are defined in greater detail in West Virginia Code § 51-2A-2, then the case is outside the subject matter jurisdiction of West Virginia’s family courts.
