Custody After A Split
W. Va. Code § 48-9-206 — equal time with each parent unless they agree otherwise or it would harm the child
Equal (50-50). Unless the parents agree otherwise or it would harm the child, the court allocates custodial responsibility so the child's time with each parent is equal (50-50), subject to the limiting factors the code sets.
Without an agreement, the court decides at a final hearing on evidence, in a written order with findings of fact. Temporary agreements the parents made after separating may count if they were consensual.
A move that would impair a parent's time is handled under the relocation rules. A particular case is a question for a licensed West Virginia attorney.
Sources for this section (1)
- W. Va. Code § 48-9-206 — Allocation of custodial responsibility at final hearing
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.