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§48-9-102a Presumption in favor of equal (50-50) custodial allocation. 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.

There's no set age when a child can refuse visitation. Rather, parenting time and visitation schedules are designed with a child's interests in mind and are meant to foster a relationship between the child and both parents. Each parent is obligated to encourage visitation between the child and other parent.

The first thing you should do when a child refuses visitation is to notify the other parent as soon as possible. Let them know what's happening, and explain the situation as clearly as possible. Some custody orders include preferred communication methods, and you should notify them via that method when possible.

Refusing visitation or parenting time can cause legal trouble. As a co-parent, you are responsible for making sure your child sees their other parent or switches to their other home ing to the parenting agreement in place or the controlling Court Order—even if your child really doesn't want to.

Now, judges could go along with agreements with regards to child support, but it's really going to vary from judge to judge as to whether that's acceptable. Often in West Virginia, it's very customary in family court, even when there is some sort of agreement, that the court still applies the child support formula.

(2) A person who repeatedly and willfully fails to pay his or her court-ordered support which he or she can reasonably provide and which he or she knows he or she has a duty to provide to a minor by virtue of a court or administrative order and the failure results in twelve months without payment of support that ...

Modifying a West Virginia Order Once a child support order is in place, either parent can ask to change it at any time. If it's been less than 36 months since the court awarded payments, then the parent would have to show there's been a substantial change in circumstances.

(a) An order for child support shall provide that payments of such support continue beyond the date when the child reaches the age of eighteen, so long as the child is unmarried and residing with a parent, guardian or custodian and is enrolled as a full-time student in a secondary educational or vocational program and ...

In addition, the Court may also want to know where the children want to live if they are over 14 years old. If the child is not yet 14 years old, the Court will evaluate if they seem mature enough to have a preference. If a parent wants to challenge 50/50 shared custody they should bring evidence to their hearings.