West Virginia Code
Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children
§48-9-204. Criteria for Temporary Parenting Plan

(a) After considering the proposed temporary parenting plan filed pursuant to 48-9-203 of this code and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child, which shall be in writing and contain specific findings of fact upon which the court bases its determinations. In making this determination, the court shall give particular consideration to:
(1) Which parent has taken greater responsibility during the last 12 months for performing parenting functions relating to the daily needs of the child; and
(2) Which parenting arrangements will cause the least disruption to the childs emotional stability while the action is pending.
(b) The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.
(c) Upon credible evidence of one or more of the circumstances set forth in 48-9-209(a) of this code, the court shall issue a temporary order limiting or denying access to the child as required by that section, in order to protect the child or the other party, pending adjudication of the underlying facts. The temporary order shall be in writing and include specific findings of fact supporting the courts determination.
(d) Expedited procedures shall be instituted to facilitate the prompt issuance of a parenting plan.
(e) In establishing a temporary parenting plan, there shall be a presumption in favor of equal (50-50) physical custody which is rebuttable by a preponderance of the evidence, to be evaluated and considered in accordance with the criteria set forth in 48-9-209 of this code.

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