Hiring a Child Custody Lawyer in West Virginia
How courts in West Virginia decide custody, emergency custody, parenting classes, how to check a lawyer's license, and free or low-cost family law help. We do not recommend or rank lawyers.
What a lawyer costs in West Virginia: fee rules
| Rules on contingency fees | Under West Virginia Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The West Virginia State Bar's Voluntary Fee Dispute Resolution Program helps clients and lawyers work out disagreements over fees or costs; either side can start it. An attorney member of the District Grievance Committee living in the claimant's county contacts both parties to try to resolve the dispute, ideally within 30 days. Send a description of the dispute and relevant documents to the State Bar's Executive Director at director@wvbar.org or 2000 Deitrick Blvd., Charleston, WV 25311. |
| If a lawyer takes your money | The West Virginia State Bar's Lawyers Fund for Client Protection reimburses losses caused by dishonest conduct (theft, embezzlement, wrongful conversion, refusing to refund unearned advance fees, or borrowing from a client without intent to repay) of West Virginia lawyers within a lawyer-client or fiduciary relationship. Losses of the lawyer's family, partners, associates or employees, losses covered by bonds or insurance, and government losses are excluded. Under the Fund's rules, awards are capped at $20,000 per claim and $40,000 per attorney per year (subject to change by the Board of Governors), excluding interest and incidental expenses. File within two years after you knew or should have known of the dishonest conduct and the loss, using the Fund's application form; questions 304-553-7220. Program page: https://wvbar.org/public-information/lawyers-fund-for-client-protection/ |
West Virginia rules to know first
| How custody is decided | 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. The statutes read do not state a fixed age at which a child's preference controls or is given extra weight. |
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| Emergency custody | 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. Emergency protective orders: https://code.wvlegislature.gov/48-27-403/ |
| Parenting classes | 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. |
| Grandparents' rights | A grandparent may seek visitation by motion in a pending divorce, custody or similar case, or by a separate petition. The court must grant reasonable visitation if it finds visitation is in the child's best interests and would not substantially interfere with the parent-child relationship. Factors include the child's age, the child-grandparent relationship, the parents' relationship with the grandparent, time since last contact, the effect on the parent-child relationship, the parents' custody arrangement, schedules, the grandparent's good faith, any history of abuse or neglect, and whether the child has lived with the grandparent or the grandparent was a significant caretaker. |
Find and check a lawyer
| Lawyer referral service | The West Virginia State Bar Lawyer Referral Service is a public service that helps you find a qualified, local lawyer experienced with your type of legal issue. Contact the attorney and mention the referral service; the attorney may agree to an initial consultation for no more than $25 for the first 30 minutes, and you are under no obligation to hire the lawyer. Phone: (304) 553-7220. |
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| Check that the lawyer is licensed | The West Virginia State Bar publishes a Membership Directory Search and a PDF directory of its members on its Public Programs page. State Bar phone: 304-553-7220 (toll free 866-989-8227). Membership Directory Search: https://www.mywvbar.org/membership-search-members |
| Check discipline history or file a complaint | The Office of Lawyer Disciplinary Counsel (ODC) investigates and prosecutes violations of the West Virginia Rules of Professional Conduct. Download the Complaint Packet and Complaint Form from the ODC website and mail or deliver the complaint to the Office of Lawyer Disciplinary Counsel, West Virginia Judicial Tower, 4700 MacCorkle Avenue SE, Suite 1200, Charleston, WV 25304; phone (304) 558-7999, fax (304) 558-4015 (9 a.m.-5 p.m. weekdays). The ODC publishes disciplinary decisions on its website. Disciplinary decisions: https://wvodc.org/disciplinary-decisions-page |
Free legal help
| Free legal aid | Legal Aid of West Virginia provides free civil legal services (clients are not charged, though some court filing fees may apply). Apply online or by phone at 866-255-4370 (Monday, Wednesday, Thursday and Friday 8:30 am-3:30 pm; Tuesday 8:30 am-12:30 pm); interpreters are available. LSC lists Legal Aid of West Virginia as its West Virginia grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in West Virginia
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.