(a) If provisions for resolving parental disputes are not ordered by the court pursuant to a parenting agreement in 48-9-201 of this code, the court shall order a method of resolving disputes that serves the childs best interest in light of:
(1) The parents wishes and the stability of the child;
(2) Circumstances, including, but not limited to, financial circumstances, that may affect the parents ability to participate in a prescribed dispute resolution process; and
(3) The existence of any factor set forth in 48-9-209 of this code.
(b) The court may order a non-judicial process of dispute resolution by designating with particularity the person or agency to conduct the process or the method for selecting a person or agency. The disposition of a dispute through a non-judicial method of dispute resolution that has been ordered by the court without prior parental agreement is subject to de novo judicial review. If the parents have agreed in a parenting plan or by agreement thereafter to a binding resolution of their dispute by non-judicial means, a decision by such means is binding upon the parents and must be enforced by the court, unless it is shown to be contrary to the best interests of the child, beyond the scope of the parents agreement, or the result of fraud, misconduct, corruption, or other serious irregularity.
(c) This section is subject to the limitations imposed by 48-9-202 of this code.
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