There shall be a presumption, rebuttable by a preponderance of the evidence, that equal (50-50) custodial allocation is in the best interest of the child. If the presumption is rebutted, the court shall, absent an agreement between the parents as to all matters related to custodial allocation, construct a parenting time schedule which maximizes the time each parent has with the child and is consistent with ensuring the childs welfare.
Structure 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
§48-9-301. 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