Child Custody Laws in West Virginia

Unless the parents agree or it would harm the child, the court must allocate custodial responsibility so that the child's time with each parent is equal (50-50), except as limited by the parenting plan considerations in § 48-9-209 (such as abuse or other harmful conduct). The court may give weight to consensual temporary agreements the parents made after separating, and must explain its decision in written findings after a final hearing. The court may interview the child in chambers or have someone else interview the child.

During a divorce, a parent asks for temporary custody by filing and serving a verified proposed temporary parenting plan by motion; the family court enters a temporary parenting order at the hearing, and the statute has no provision for entering it without a hearing. A parent denied equal or any physical custody in a temporary order may file an interlocutory appeal, which the Intermediate Court of Appeals must review on an expedited basis. When there is clear and convincing evidence of immediate and present danger of abuse to a petitioner or minor children, a magistrate can enter an emergency protective order on a verified petition, and the family court must schedule a final hearing within 10 days.

Yes. The family court must order the parties in a divorce involving minor children to attend a parent education class unless the court decides attendance is not appropriate or necessary. Each parent pays a fee of up to $25 (the court waives it for parties found indigent), and the divorce packet instructions say to try to complete the class before the first hearing. The court may also order classes in paternity, separate maintenance or modification cases.