Get WV SCA-FC-225 2001-2024

Titled the “Best Interests of Child Protection Act of 2022,” the law requires family court judges to presume that “equal (50-50) custodial allocation is in a child's best interest.” The measure passed the Legislature this year after coming up short at least twice in the past three years.

(e) In establishing a temporary parenting plan, there shall be a presumption in favor of equal (50-50) physical custody which is rebuttable by a preponderance of the evidence, to be evaluated and considered in ance with the criteria set forth in §48-9-209 of this code.

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.

West Virginia Legislators have made a few changes to custody law that started on June 10, 2022. In cases dealing with custody, the Family Court now has a presumption, or belief, that there should be 50/50 shared equal custody between parents. This means Judges will equally split custody 50/50 between parents.

West Virginia ranks 7th among states where parents who receive child support rely on it most, with parents receiving an average of $5,354 in child support. This makes up 14.4% of their income.

In West Virginia, paternity is what gives a father the right to request custody and visitation with his child. And once paternity is established, the father is legally obligated to provide financial support to his child.

In West Virginia, courts are allowed to consider “the firm and reasonable preferences of a child who is 14 years of age or older; and to accommodate…the firm and reasonable preferences of a child under 14 years of age, but sufficiently matured that he or she can intelligently express a voluntary preference for one ...

West Virginia custody laws generally consider the preferences of children 14 and older to be well-reasoned and sufficiently mature. Children younger than 14 can have their preferences heard as well, but it will be up to a judge to decide how much weight to give a younger child's preference.