West Virginia Child Custody Laws

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When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, a West Virginia court will intervene and establish custody arrangements based on the best interests of the child. Divorcesource.com provides a complete summary of divorce and custody laws in the state of West Virginia.

 

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

 

According to West Virginia law, either parent may be awarded custody of the child. Custody awards are not made according to the gender of the parents, although there is a presumption in favor of the parent who has been the primary caretaker of the child. The factors taken into consideration regarding child custody are the following:

 

  • The stability of the child
  • Any parenting plans or other written agreement regarding child custody
  • The continuity of existing parent-child relationships
  • Meaningful contact between the child and both parents
  • Maintaining care by parents who love the child, know how to provide for the child's needs, and place a high priority on doing so
  • Security from exposure to physical or emotional harm
  • Predictable decision-making and avoidance of prolonged uncertainty regarding the child's care and control
  • Fairness between the parents (as a secondary factor)

 

If the parents agree to one or more provisions of a parenting plan, the court shall so order, unless it makes the following specific findings:

 

  • The agreement is not knowing or voluntary
  • The plan would be harmful to the child

 

When minor children are involved in a divorce, the West Virginia courts will do everything possible to lessen the emotional trauma that the children may be experiencing. In West Virginia, the court commonly grants the non-custodial parent rights of visitation so that the child and the non-custodial parent may maintain a parent-child relationship that is beneficial to the child, unless, however, the court finds that the visitation is likely to endanger the child's physical or emotional health. A parent may seek a modification of the custody award if he or she can show that there has been a change in circumstances that requires a change in custody. For a comprehensive review of child custody laws in West Virginia, go to lawyers.com.