West Virginia family-law guide · reviewed August 22, 2026
West Virginia Custody, Parenting Time & Visitation
Current, source-linked West Virginia terminology and rules without imported out-of-state formulas.
Legal information, not legal advice. West Virginia law and local practice can change. Verify forms, fees, filing methods, service, and hearing procedure with the Family Court receiving your case.
West Virginia terminology
Decision-making responsibility
Legal custody — the right to make significant decisions about the child.
Parenting time / visitation
The schedule for time with the child.
Best interests
The governing standard (W. Va. Ch. 48).
Family Court
Where West Virginia family cases are heard.
Core rules
- WV uses 'custody' (decision-making responsibility + parenting time) + 'visitation'
- The court decides based on the child's best interests (W. Va. Ch. 48)
- The Best Interests of the Child Protection Act (2022) creates a rebuttable presumption of equal 50/50 parenting time
- The court may order joint decision-making responsibility or give one parent sole responsibility
- A parenting plan allocates decision-making responsibility and parenting time
- Cases are heard in Family Court (48 judges across 27 family court circuits)
Support and modification cautions
West Virginia uses the Income Shares model under W. Va. Code §§ 48-13-101 to -803. Existing parenting plans may be modified only on a substantial change in circumstances plus best interests.
Official sources reviewed August 22, 2026
- WV Code Ch. 48 — parenting & best interests
- West Virginia Judiciary — Family Court
- Legal Aid West Virginia
Always confirm current local forms, fees, and filing procedure with the Family Court or circuit clerk handling your case.