Live-in Partner is Stealing From Members of the Household

My question involves a relationship in the state of: west virginia.
My live in girlfriend of 5 years has started stealing things again. This time she has targeted our sons things.
In full disclosure hes not my biological son but Ive raised him for the last 5 years.
We also have a 1 year old daughter together.
Im currently trying to get her out of the house but I don't want to lose either of my kids. Kinda at a loss on how thats going to work but my question is.
When she sells the things I have bought for my son is that stealing. And can i pursue it legally?

There's nothing criminal going on.

You can kick her out and then file for custody in court.

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Quoting dad1984

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My question involves a relationship in the state of: west virginia.
My live in girlfriend of 5 years has started stealing things again. This time she has targeted our sons things.
In full disclosure hes not my biological son but Ive raised him for the last 5 years.
We also have a 1 year old daughter together.
Im currently trying to get her out of the house but I don't want to lose either of my kids. Kinda at a loss on how thats going to work but my question is.
When she sells the things I have bought for my son is that stealing. And can i pursue it legally?

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You need to prepare yourself for the possibility of losing your stepson. What she does with his belongings isn't your problem, I'm afraid.

Figures, thank you.

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How's my chances of getting out of all this with my kids?

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Quoting dad1984

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Figures, thank you.

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How's my chances of getting out of all this with my kids?

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You have virtually no chance of getting out of all this with your stepson. You haven't given enough info to indicate whether or not you have a viable shot at winning primary custody of your daughter. That will all depend on who has been the child's primary caretaker.

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Quoting llworking

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You have virtually no chance of getting out of all this with your stepson. You haven't given enough info to indicate whether or not you have a viable shot at winning primary custody of your daughter. That will all depend on who has been the child's primary caretaker.

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I had a quick look, and all I could find was this:

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W. Va. Code 48-2-15 (1995) (granting visitation to interested third party on divorce of parents). Honaker v. Burnside, 182 W. Va. 448, 388 S.E.2d 322 (1989) (court may grant visitation to stepparent on showing of best interests of child).

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Neither applies, correct?

As far as primary caretaker goes Im not real well read on what all is involved in that.
But I work a 10 on 4 off schedule in the oil field,and I am home most nights.
I am the sole Income provider for them.
I do everything with and for my kids.
But yes, she's the one with them the most.
It all ready reads like I dont have a prayer.
What if I can prove she has a drug problem, and already has a legal issue with her father. Namely her father has a restraint order on her for harassment.

Live-in girlfriend means he's not even a stepson.

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Quoting geek

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Live-in girlfriend means he's not even a stepson.

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Yes, I believe we all understood that.

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Quoting dad1984

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As far as primary caretaker goes Im not real well read on what all is involved in that.
But I work a 10 on 4 off schedule in the oil field,and I am home most nights.
I am the sole Income provider for them.
I do everything with and for my kids.
But yes, she's the one with them the most.
It all ready reads like I dont have a prayer.
What if I can prove she has a drug problem, and already has a legal issue with her father. Namely her father has a restraint order on her for harassment.

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Here's the problem.

If she has a drug problem, and you haven't done anything about it thus far, don't expect it to count for much. Obviously it doesn't affect her parenting that much.

The restraining order has no impact.

Im not an "interested third party" i dont think. And were not married so not stepfather either. But if he's (my son) asked he will tell you he wants to be with me.
He's only 7 though.