H. B. 3201
(By Delegates Stemple, Webb, Fleischauer,
Kominar, Hrutkay, Mahan and Pino)
(Originating in the Committee on the Judiciary)
[February 27, 2003]
A BILL to amend and reenact section one hundred one, article
twenty-five, chapter forty-eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended; and to amend
and reenact section two, article two-a, chapter fifty-one of
said code, all relating to allowing the family court to
exercise jurisdiction concurrently with the circuit court over
petitions for a change of name.
Be it enacted by the Legislature of West Virginia:
That section one hundred one, article twenty-five, chapter
forty-eight of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that section
two, article two-a, chapter fifty-one be amended and reenacted, all
to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 25. CHANGE OF NAME.
§48-25-101. Petition to circuit court or family court for change of name; contents thereof; notice of application.
(a) Any person desiring a change of his or her own name, or
that of his or her child or ward, may apply therefor to the circuit
court or
any other court of record having jurisdiction family court
of the county in which he or she resides,
or the judge thereof in
vacation, by petition setting forth
:
(1) that That he or she has been a bona fide resident of
such
the county for at least one year prior to the filing of the
petition
,;
(2) the The cause for which the change of name is sought
,; and
(3) the The new name desired
;. and
(b) previous Previous to the filing of
such the petition
such
the person shall cause
to be published a notice of the time and
place that
such the application will be made
, which notice shall to
be published as a Class I legal advertisement in compliance with
the provisions of article three, chapter fifty-nine of this code
,.
and the The publication area for
such the publication
shall be is
the county.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 2A. CIRCUIT COURTS; FAMILY COURT DIVISION.
§51-2A-2. Family court jurisdiction; exceptions; limitations.
(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 article three, four or five,
chapter forty-eight of this code, except as provided in subsections
(b) and (c) of this section;
(2) All actions to obtain orders of support brought under the
provisions of part one, article fourteen, chapter forty-eight of
this code;
(3) All actions to establish paternity brought under the
provisions of article twenty-four, chapter forty-eight of this
code, and any dependent claims related to such actions regarding
child support, parenting plans or other allocation of custodial
responsibility or decision-making responsibility for a child;
(4) All actions for grandparent visitation brought under the
provisions of article ten, chapter forty-eight of this code;
(5) All actions for the interstate enforcement of family
support brought under article sixteen, chapter forty-eight of this
code and for the interstate enforcement of child custody brought
under the provisions of article twenty, chapter forty-eight of this
code;
(6) All actions for the establishment of a parenting plan or
other allocation of custodial responsibility or decision-making
responsibility for a child, including actions brought under the
uniform child custody jurisdiction and enforcement act, as provided
in article twenty, chapter forty-eight of this code;
(7) All petitions for writs of habeas corpus wherein 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;
and
(12) All final hearings in domestic violence proceedings
.; and
(13) Petitions for a change of name, exercising concurrent
jurisdiction with the circuit court.
(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 action, 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 article six, chapter forty-nine 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 supercede and take precedence over an order of the family
court respecting the allocation of custodial 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) 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 forty-eight of this code. A family court may not
exercise the powers given courts of record in section one, article
five, chapter fifty-one 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 article nine of this chapter.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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