• Overview of West Virginia child custody laws.children image by Mat Hayward from Fotolia.com
  
  The child custody laws are codified in Chapter 48 of the West Virginia Code. The statutory provisions set forth the legal requirements for establishing, maintaining and modifying child custody arrangements in divorce, paternity and legal separation cases in the state. Before embarking on a case involving child custody issues, understanding the basics of West Virginia custody laws is imperative.
  
  

Best Interests of the Child

• The primary consideration in custody issues is determination of the best interests of the child, according to the West Virginia Code. In calculating what is in the best interests of the child, a judge in custody case looks at several factors including who historically served as the primary caretaker of the child. The court also examines the physical and mental health of the parents and the child, age of the child and the type of residences maintained by each parent.
  
  

Parenting Plan

• West Virginia law establishes a preference for parents resolving custody issues between themselves. Of course, the court possesses the power to issue custody orders when parents are unable to reach agreement. To that end, West Virgina law directs parties in any domestic relations case to develop a parenting plan. The parenting plan addresses the allocation of custodial responsibilities between the parties, how decision making is allocated between the parents and provisions defining the process for resolving future disputes.
  
  

Change of Custody

• The statutes of West Virginia express a preference for permanence in child custody arrangements. Parents can voluntarily modify custodial arrangement between themselves, provided they focus on the best interests of the child. If a dispute occurs, the court will only modify a custody order upon a demonstration of a material change of circumstances. Material change of circumstances means that the existing custodial arrangement is no longer in the best interests of the child. For example, if the custodial parent develops a serious health problem and cannot tend to the needs of a child, an alteration in the outstanding order is warranted.
  
  

Legal Representation

• Custody law and court procedure in West Virginia are complex legally. Therefore, consider engaging the services of an attorney if you face a custody case. The West Virginia State Bar maintains a directory of attorneys in different practice areas. (see the Resources section)