Family Law Attorneys
Triplett & Triplett, L.C. of Elkins, WV
If your family is in crisis or you require professional legal counsel for a family-related matter, contact Triplett & Triplett, L.C. right away for prompt, personalized assistance. Whether you are facing the breakup of the marriage that you thought would last forever and just don’t know what to do, require assistance securing or modifying parenting time with your child, need guidance through the adoption or guardianship process, or other personal family matters, our team is here to provide the experienced legal counsel you need.
Our compassionate and dedicated team provides skilled, knowledgeable legal advocacy and strong representation for your family law issue. We help you navigate even the most emotionally challenging issues with confidence. When you know what the law states, where you stand, and what your rights are, you are able to make the wisest decisions for you and your family. Triplett & Triplett, L.C. offers assistance with the following matters:
- Legal separation
- Establishment and/or modification of child custody / parenting time
- Domestic violence protective orders
- Child support
- Alimony / spousal support
- Grandparent’s rights
- Mediation services for family-related issues
- Drafting pre-nuptial agreements
- Drafting Qualified Domestic Relations Orders (QDRO)
We understand the complex issues that surround the dissolution of marriage. Although the situation may be the single most stressful event of your life, it does not have to be devastating. Our team of attorneys works hard to help minimize the strain of this delicate situation. With full knowledge of the law and your rights, we will assist you in all aspects of your divorce to help achieve the most favorable outcome possible. From property division to child custody mediation (and litigation, if necessary), Triplett & Triplett, L.C. provides comprehensive and compassionate legal representation as you move through all of the stages of divorce. Let us help you close this chapter of your life so that you and your family can move on with dignity and a sense of justice.
Allocation of Child Custody / Parenting Time
The courts of West Virginia generally consider that the best interests of minor children are ideally served by the frequent, continuing contact of both parents, so long as each has shown the ability to act in the child’s best interest. Shared parenting arrangements help ensure the stability of existing parental attachments, availability of caregiving and other vital resources, physical and emotional security and overall stability. Fairness to parents is viewed as secondary to the best interests of the child.
Typically, parenting time is allocated according to the proportion of each parent’s caretaking role and function prior to separation to preserve continuity in the child’s life. There are, however, some exceptions. At Triplett & Triplett, L.C., we recognize that the quality and quantity of time spent with your child will have tremendous impacts on both their development, as well as their relationship with their parents. We assist parents with obtaining an appropriate allocation of parenting time that is both in the best interests of the child as well as the family – now and into the future.
Modification of Child
Custody / Parenting Time
Custody arrangements may be reconsidered as circumstances change throughout life. Some circumstances, if deemed “substantial,” such as remarriage, relocation, changes of employment, and other factors may necessitate a modification of an existing custody agreement that is no longer working for the family and the best interest of the child. In addition, once he reaches the age of 14 years, a child can be heard in West Virginia courts regarding his or her wishes. If your custody agreement is unsatisfactory, Triplett & Triplett, L.C. stands ready to assist you in pursuing a modification of your existing custody order.
Guardianship of a minor child can be transferred to a third party. The legal guardian will become responsible for all aspects of the child’s care and well-being. Guardianship can be temporary or last until the age of 18. For many of our clients, legal guardianship is a precursor to adoption. It enables the child, as well as the family, to enjoy a solid sense of stability and permanency as the family works through the adoption process. In other cases, a guardian may be appointed for a child who has been abused, neglected, or abandoned (as defined by West Virginia law), or whose parent has been imprisoned, had his or her parental rights terminated, or is otherwise unable to care for the child. Our law firm can assist you with filing your petition for guardianship, as well as providing skilled legal counsel relevant to all matters related to your guardianship.
Welcoming a new family member can be an exciting time! Triplett & Triplett, L.C. assists individuals and families with transforming the temporary arrangements of a child in your care into a state of permanency. Unlike guardianship, adoption is permanent. It cannot be undone. A child must live with you for at least six months before you can file for adoption in the Circuit Court. We have assisted those who are caring for children of family members and children placed with them by Child Protective Services with becoming real families since 1977. Helping those who care for each other become legally-recognized families is perhaps one of the most rewarding parts of our experience serving you. We look forward to assisting you with all aspects of the adoption process.
The financial support of every child is vital to his or her health and overall well-being. At Triplett & Triplett, L.C., we take this matter extremely seriously. Whether you are the custodial parent concerned with ensuring that your child has the adequate support necessary for life or are a non-custodial parent worried that the order of support will consume an unmanageable portion of your earned income, we can help. In West Virginia, child support laws are clearly-defined. The amount of support due is based on a strict calculation of the gross income of each parent, the number of nights spent with each parent, and the actual monetary amounts spent for essentials such as childcare, medical insurance for the child, and, possibly, other expenses. We will explain the calculations involved and help protect your rights, as well as those of your child. If an existing child support order requires modification due to changes in income, circumstances, and/or expenses, we offer legal counsel to ensure that your interests are protected, whether you are the payer or the payee.
Spousal Support/Alimony Petitions and Defense
West Virginia’s laws regarding alimony and spousal support are complex, and the family court will consider a long list of factors in every case to determine whether support will be awarded, the amount, and for how long. Whether you believe that you will need financial support following the divorce or if you believe that your spouse will seek an amount of support that you simply cannot afford, it is critically important to retain skilled legal counsel to gather the facts and help you to navigate this complex process with confidence. Triplett & Triplett, L.C. will work with you to help ensure that your spousal support award will meet your needs, and seek modification as necessary.
Following the divorce or dissolution of a relationship, grandparents who have previously enjoyed heartfelt relationships with their grandchild may be disappointed at the decreased amount of contact they receive following the breakup. In the state of West Virginia, grandparents’ rights are always secondary to parental rights, and will only be awarded if determined to be in the best interest of the child. Many factors are considered by the courts when considering the appropriateness of awarding grandparents with visitation rights. If you are interested in pursuing a more involved role in the life of your grandchild, contact our team for a consultation. We will evaluate your case and provide the information you need regarding pursuit of your grandparents’ rights petition.