WV · STATE RESEARCH

West Virginia custody &
parenting time.

West Virginia starts from equal 50/50 time with each parent. That starting point can be overcome, and there is no statewide standard calendar, so your parenting plan sets the actual days.

IN PLAIN ENGLISH

How custody works in West Virginia

Since 2022, West Virginia law presumes that equal (50/50) time with each parent is best for a child. [WV-P1, WV-P2] A "presumption" is a starting point, not a guarantee: either parent can overcome it by showing, more likely than not, that equal time is not right for this child. [WV-P1, WV-P3] If it is overcome and the parents do not agree, the judge must build a schedule that still gives each parent as much time as possible while keeping your child safe and well. [WV-P1]

Custody cases are heard in family court, and every case with children needs a parenting plan. [WV-P8, WV-P11] Parents who agree can file one joint plan; if you do not agree, each parent files their own proposed plan with a worksheet about the last two years of family life. [WV-P8] The statewide form has blanks for the regular schedule and holidays, so there is no fixed statewide calendar. [WV-P9] In a divorce with children, the court must order both parents to take a parent education class unless it is not appropriate, and it can also order the class in paternity, separate maintenance and modification cases. [WV-P10]

Equal time does not apply when a judge finds abuse, neglect, domestic violence or similar conduct; then the law requires limits to protect your child or the other parent. [WV-P2, WV-P3] Orders made before the 2022 law stay in effect, and the new law by itself is not a reason to change an old order. [WV-P12]

Words you’ll see in your papers

Custodial responsibility
West Virginia's term for physical custody: caring for and supervising your child. It usually includes overnights. [WV-P13]
Decision-making responsibility
The authority to make big decisions for your child, like education, religion and health care. In a shared plan, each parent can make emergency health care decisions during their own time. [WV-P14]
Parenting plan
The document the family court uses to divide time with your child and decision-making between parents. It is required in every case involving minor children. [WV-P8]
Rebuttable presumption
A starting point the law assumes is true unless someone proves otherwise. Here, the starting point is equal 50/50 time. [WV-P1]

COMMON QUESTIONS

What parents in West Virginia ask first

Does West Virginia start from 50/50?

Yes. [WV-P1] Unless the parents agree otherwise, equal time would harm your child, or safety limits apply, the court must give each parent equal (50/50) time. [WV-P2] A parent can overcome this starting point with enough evidence, and then the judge sets a schedule that gives each parent as much time as works for your child. [WV-P1]

What does the judge look at?

To decide whether the equal-time starting point is overcome, the law lists things like: abuse, neglect, domestic violence or false reports; a parent interfering with the other parent's time; your child's special medical or developmental needs; keeping brothers and sisters together; a parent's past involvement, housing or health; risks from people living in a home; practical problems like distance, travel cost, work schedules and school; whether the parents can cooperate; which parent will support your child's relationship with the other; and your child's own preference. [WV-P3]

Is there a standard schedule?

No set calendar. The law's default is equal time, but the parents or the judge fill in the actual days. [WV-P1, WV-P9] The statewide Parenting Plan form has blanks for schedules for children not yet in school, children in school, and holidays and family occasions like birthdays. [WV-P9]

Does my child get to choose?

No age lets your child decide, but the law names age 14. [WV-P3] The judge must consider whether equal time goes against the firm and reasonable preference of a child 14 or older. [WV-P3] For a younger child, the judge may follow a firm and reasonable preference if the child is mature enough and it is best for the child. [WV-P3]

Can I move with my child?

If you have a parenting plan and plan to move, you must file a sworn petition asking to change the plan at least 90 days before the move and have the other parent served at least 60 days before, unless that was not possible. [WV-P4] The court holds a hearing, and you must prove the move is for a legitimate reason in good faith, that it is best for your child, and that there is no reasonable, less disruptive option. [WV-P4] Legitimate reasons include being near family, health, safety, or a significant job or school opportunity. [WV-P4]

Can the order be changed later?

Yes. The court will change a parenting plan if something important has changed for your child or a parent since the last order, something not known or expected then, and the change is needed for your child's best interests. [WV-P5] In exceptional cases, the court can change a plan that is clearly harming your child even without a new change. [WV-P5] A parent losing income without choosing to, remarrying, or using reasonable day care is not enough by itself unless it harms your child. [WV-P5]

We were never married. What happens first?

The father usually needs to establish paternity (legal fatherhood) first. [WV-P6, WV-P7] Unmarried parents can sign a Declaration of Paternity Affidavit, often at the hospital, or ask for DNA testing through the child support agency or the court. [WV-P7] A man who believes he is the father can file a paternity case himself in the family court of the county where the child lives. [WV-P6] Once paternity is established, the family court can decide parenting time if the parents cannot agree. [WV-P7]

What if I am not safe?

A domestic violence protective order can give temporary custody of your children and set temporary visitation, including supervised visits if needed. [WV-P15] In a custody case, if a judge finds a parent abused or neglected a child, committed domestic violence or sexual abuse, the judge must set limits to protect your child and you, such as supervised time, supervised exchanges, no overnights or no contact. [WV-P3] That parent must prove that giving them time will not put anyone in danger. [WV-P3]

Free, official places to start

THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES

No fixed statewide schedule identified

Research overview

Statutory rebuttable 50/50 allocation, but no fixed statewide regular/holiday/summer calendar identified in the reviewed sources. A percentage presumption is not a standard possession order. Statewide form is a customizable plan. [WV1][WV2][WV4]

Legal force and applicability

Case-specific calendar; no fixed statewide calendar identified in reviewed sources. Any custody/allocation presumption is separate.

Authority and geographic scope

Statewide law; case-specific court order controls

Custody and parenting-time presumptions

§48-9-102 a presumes equal 50/50 custodial allocation, rebuttable by preponderance. If rebutted, absent full parental agreement, court constructs a schedule maximizing each parent’s time consistently with welfare. §48-9-206 requires equal time unless otherwise agreed, harmful, or limited under§ 209, and written findings/conclusions after final hearing. Temporary-plan rules also contain equal-time presumption. [WV1][WV2][WV5, §204]

Schedule & conditions

Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.

Regular school-year schedule

No specified alternate-week or 2-2-3 pattern. §48-9-205 requires living arrangements and a calendar or sufficiently detailed enforceable formula. SCA-FC-121 leaves regular school/non-school schedule entries blank. [WV5][WV4]

Holidays and school breaks

No statutory fixed holiday/parity table. Form provides fill-in holidays, breaks and exceptions to ordinary schedule; names, times and priority need an actual plan/order. [WV4][WV5]

Summer and vacation time

No statutory fixed week count. Non-school/vacation schedule must be supplied while respecting applicable allocation and exceptions. [WV4][WV5]

Age and development

§209(f) rebuttal factors include nursing child under 6 months, or under 1 year if substantially nourished by nursing; reaching 1 year is specified as a substantial change. Firm/reasonable preference of child 14+, and sufficiently mature younger child when best, also matter. These are individualized rebuttal factors, not categorical automatic schedule switches. [WV3]

Distance, travel, and relocation

Equal allocation may be impractical due to residential distance, transport cost/difficulty, daily schedules or educational disruption. Relocation impairing allocation invokes§ 48-9-403. No fixed 100-mile or other distance tier. [WV2][WV3][WV5]

Safety & exceptions

§209 covers abuse/neglect/abandonment, sexual abuse, domestic violence, interference and fraudulent reports, with safety-protective limits; further rebuttal factors concern child health/siblings, parental caregiving and household safety. Do not infer that an allegation alone conclusively satisfies a statutory finding. [WV3]

FOLLOW THE AUTHORITY

Official sources

The statutes, rules, forms and court pages this guide draws on. Read the current version at the source; laws change.

  1. WV1

    West Virginia Code section 48-9-102 a

    West Virginia Legislature · statute

  2. WV2

    West Virginia Code section 48-9-206

    West Virginia Legislature · statute

  3. WV3

    West Virginia Code section 48-9-209

    West Virginia Legislature · statute

  4. WV4

    Parenting Plan SCA-FC-121

    Supreme Court of Appeals of West Virginia · official_form

  5. WV5

    West Virginia Code article 48-9 PDF

    West Virginia Legislature · statute_compilation

  6. WV7

    2022 Senate Bill 463 official bill history

    West Virginia Legislature · enactment_history

Sources for the plain-English guide

Official statutes, courts and nonprofit self-help sites only.

  1. WV-P1
  2. WV-P2
  3. WV-P3
  4. WV-P4
  5. WV-P5
  6. WV-P6
  7. WV-P7

    Legal Aid of West Virginia: Establishing Paternity

    Legal Aid of West Virginia (nonprofit legal aid)

  8. WV-P8
  9. WV-P9

    Parenting Plan form, SCA-FC-121

    Supreme Court of Appeals of West Virginia

  10. WV-P10
  11. WV-P11

    West Virginia Judiciary: Family Court Forms

    Supreme Court of Appeals of West Virginia

  12. WV-P12
  13. WV-P13
  14. WV-P14
  15. WV-P15