West Virginia Code
Article 31. Uniform Deployed Parents Custody and Visitation Act
§48-31-107. General Consideration in Custody Proceeding of Parent’s Military Service


In a proceeding for custodial responsibility of a child of a service member, a court may not consider a parent’s past deployment or possible future deployment in itself in determining the best interest of the child but may consider any significant impact on the best interest of the child of the parent’s past or possible future deployment.

Structure West Virginia Code

West Virginia Code

Chapter 48. Domestic Relations

Article 31. Uniform Deployed Parents Custody and Visitation Act

§48-31-101. Short Title

§48-31-102. Definitions

§48-31-103. Remedies for Noncompliance

§48-31-104. Jurisdiction

§48-31-105. Notification Required of Deploying Parent

§48-31-106. Duty to Notify of Change of Address

§48-31-107. General Consideration in Custody Proceeding of Parent’s Military Service

§48-31-201. Form of Agreement Addressing Custodial Responsibility During Deployment

§48-31-202. Nature of Authority Created by Agreement

§48-31-203. Modification of Agreement

§48-31-204. Power of Attorney

§48-31-205. Filing Agreement or Power of Attorney With Court

§48-31-301. Proceeding for Temporary Custody Order

§48-31-302. Expedited Hearing

§48-31-303. Testimony by Electronic Means

§48-31-304. Effect of Prior Judicial Order or Agreement

§48-31-305. Grant of Caretaking or Decision-Making Authority to Nonparent

§48-31-306. Grant of Limited Contact

§48-31-307. Nature of Authority Created by Temporary Custody Order

§48-31-308. Content of Temporary Custody Order

§48-31-309. Order for Child Support

§48-31-310. Modifying or Terminating Grant of Custodial Responsibility to Nonparent

§48-31-401. Procedure for Terminating Temporary Grant of Custodial Responsibility Established by Agreement

§48-31-402. Consent Procedure for Terminating Temporary Grant of Custodial Responsibility Established by Court Order

§48-31-403. Visitation Before Termination of Temporary Grant of Custodial Responsibility

§48-31-404. Termination by Operation of Law of Temporary Grant of Custodial Responsibility Established by Court Order

§48-31-501. Uniformity of Application and Construction

§48-31-502. Relation to Electronic Signatures in Global and National Commerce Act

§48-31-503. Savings Clause