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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

Always confirm current local forms, fees, and filing procedure with the Family Court or circuit clerk handling your case.

Confirm current court fees and deadlines. Court fees, filing and response deadlines, hearing timing, notice periods, and local procedures can change or vary by West Virginia county. Before relying on any amount or time period on this page, confirm the current amount or deadline with the Family Court or circuit clerk handling your case.