## How does West Virginia decide child custody? Like every state, West Virginia decides custody using the **"best interests of the child"** standard. The judge — not the parents — has final say if the parents can't agree, and the judge applies a list of statutory factors (W. Va. Code § 48-9-206) to make the call. ### West Virginia's starting point on shared parenting WV's 'allocation of custodial responsibility' framework gives parents time roughly proportional to the time they spent caring for the child before separation ("approximation" rule). **Worth knowing about West Virginia:** West Virginia's approximation rule is unusual — the post-separation parenting time roughly mirrors who did the actual caregiving before the separation. ## The best-interests factors most courts consider While each state's exact list varies, virtually every "best interests" analysis touches the same core themes: 1. **The child's relationship with each parent** — who does what now, and who has historically been the primary caregiver 2. **Each parent's ability to provide** — housing, schooling, medical care, food, supervision 3. **The child's preferences** — given more weight as the child gets older (and given decisive weight in some states once a child reaches a specific age) 4. **Each parent's mental and physical health** 5. **Each parent's willingness to support a relationship with the other parent** — courts disfavor a parent who badmouths the other or interferes with parenting time 6. **Stability and continuity** — keeping the child in the same school, neighborhood, and community when possible 7. **Domestic violence, abuse, or neglect** — when present, this dominates the analysis 8. **Substance abuse history** 9. **The child's relationships with siblings, half-siblings, and extended family** 10. **Each parent's work schedule and availability** ## Legal custody vs physical custody Custody breaks into two parts: - **Legal custody** — the right to make major decisions about the child (school, religion, medical, extracurriculars). Often awarded jointly. - **Physical custody** — where the child actually lives. Can be shared (close to 50/50) or primarily with one parent with parenting time for the other. It's common to see **joint legal + primary physical with one parent** — a hybrid that's becoming less common as more states push toward equal physical time. ## Common disputes that drive custody outcomes - **Relocation** — one parent wants to move out of state with the child - **Schedule conflicts** — work shifts, school zones, parenting-time exchange logistics - **New partners** — a new boyfriend/girlfriend with a criminal history is a recurring issue - **Discipline differences** — corporal punishment, screen time, parenting style differences - **Substance use** — even old DUIs can be brought up in custody fights - **Mental health** — both parents' mental health, including untreated depression or anxiety ## Modifying custody later An initial custody order isn't permanent. To modify it, you generally have to show a **substantial change in circumstances** since the last order — not just that you wish things were different. Common qualifying changes: a parent moves, a parent develops a substance problem, the child's needs change with age, a parent becomes unfit, the parents' work schedules change. ## What you should do Custody fights are emotional, expensive, and slow. Even if you and your co-parent are getting along now, get an attorney to help you draft a parenting plan that survives a future disagreement. If you're already in a contested case, hire a West Virginia family-law attorney who tries cases in your county — local court culture matters more than people expect. --- *This guide is general information about West Virginia law as of early 2026 and is not legal advice. Custody outcomes are intensely fact-dependent, and statutes are amended regularly. Talk to a licensed West Virginia family-law attorney about your specific situation.*