West Virginia Code
Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children
§48-9-102. Objectives; Best Interests of the Child

(a) The primary objective of this article is to serve the childs best interests by facilitating:
(1) Stability of the child;
(2) Collaborative parental planning and agreement about the childs custodial arrangements and upbringing;
(3) Continuity of existing parent-child attachments;
(4) Meaningful contact between a child and each parent, and which is rebuttably presumed to be equal (50-50) custodial allocation of the child;
(5) Caretaking and parenting relationships by adults who love the child, know how to provide for the childs needs, and who place a high priority on doing so;
(6) Security from exposure to physical or emotional harm;
(7) Expeditious, predictable decisionmaking and avoidance of prolonged uncertainty respecting arrangements for the childs care and control; and
(8) Meaningful contact between a child and his or her siblings, including half-siblings.
(b) A secondary objective of this article is to achieve fairness between the parents consistent with the rebuttable presumption of equal (50-50) custodial allocation.

Structure West Virginia Code

West Virginia Code

Chapter 48. Domestic Relations

Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children

§48-9-101. Scope of Article; Legislative Findings and Declarations

§48-9-102. Objectives; Best Interests of the Child

§48-9-102a. Presumption in Favor of Equal (50-50) Custodial Allocation

§48-9-103. Parties to an Action Under This Article

§48-9-104. Parent Education Classes

§48-9-105. Venue for Custodial Allocation Actions Independent of Divorce

§48-9-201. Parenting Agreements

§48-9-202. Court-Ordered Services

§48-9-203. Proposed Temporary Parenting Plan; Temporary Order; Amendment

§48-9-204. Criteria for Temporary Parenting Plan

§48-9-205. Permanent Parenting Plan

§48-9-206. Allocation of Custodial Responsibility at Final Hearing

§48-9-207. Allocation of Significant Decision-Making Responsibility at Temporary or Final Hearing

§48-9-208. Parental Dispute Resolution

§48-9-209. Parenting Plan; Considerations

§48-9-209a. Child Conceived as Result of Sexual Assault or Sexual Abuse by a Parent; Rights of a Biological Parent Convicted of Sexual Assault or Abuse; Post-Conviction Cohabitation; Rebuttable Presumption Upon Separation or Divorce

§48-9-301. Court-Ordered Investigation

§48-9-301a. Child Abuse Allegations

§48-9-302. Appointment of Guardian

§48-9-303. Interview of the Child by the Court

§48-9-401. Modification Upon Showing of Changed Circumstances or Harm

§48-9-402. Modification Without Showing of Changed Circumstances

§48-9-403. Relocation of a Parent

§48-9-501. Enforcement of Parenting Plans

§48-9-601. Access to a Child S Records

§48-9-602. Designation of Custody for the Purpose of Other State and Federal Statutes

§48-9-603. Effect of Enactment; Operative Dates

§48-9-604. Parent Education and Mediation Fund