Wv Divorce Law With Child Custody
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FAQ
§48-1-239. (b) It is the public policy of the state of West Virginia to recognize the presumption, overwhelmingly supported by social science research, that co-equal joint custody and equally divided parenting time is in the best interest of children.
Under the new WV custody law, both types of custodial rights shall be shared equally between the parents unless the parents agree otherwise or the court finds such shared custody is not in the best interests of the child.
West Virginia courts have long used the ?best interest of the child? standard when determining custody, and that hasn't changed. Still, the new law instructs judges to presume that a 50-50 split in physical custody is in the child's best interest.
You can find an answer form on the West Virginia Supreme Court of Appeals website here. You should fill out the forms for the Respondent. You can also get an Answer form in the circuit clerk's office. The answer states whether you agree to the divorce.
(a) A divorce may be ordered when the parties have lived separate and apart in separate places of abode without any cohabitation and without interruption for one year. The separation may occur as a result of the voluntary act of one of the parties or the mutual consent of both parties.