Be sure to view these other West Virginia divorce pages:
- Child Custody
- Child Support
- Parenting and Visitation
- Marriage Annulment
- Marriage Separation
- Property Settlement
- Grounds for divorce, residency, waiting periods
- Divorce Papers and Forms
The primary objective of West Virginia child custody law is to serve the child’s best interests. You and your spouse have the opportunity to develop a Parenting Plan and a Child Visitation Schedule that includes custody, visitation and support details. Should you two be unsuccessful in putting together a separation agreement, the court will make rulings for child custody and include the plan in the final divorce decree. It is a safe bet that at least one of you will be disappointed with the court’s plan, so do what you can to find a path to agreement. Sometimes Parenting Plan worksheets help to get the process going. The court will make decisions based on its findings around:
- Stability of the child;
- Parental planning and agreement about the child’s custodial arrangements and upbringing;
- Continuity of existing parent-child attachments;
- Meaningful contact between a child and each parent;
- Care taking relationships by adults who love the child, know how to provide for the child’s needs, and who place a high priority on doing so;
- Security from exposure to physical or emotional harm; and
- Expeditious, predictable decision-making and avoidance of prolonged uncertainty respecting arrangements for the child’s care and control.
West Virginia’s secondary objective is to achieve fairness between the parents.
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