Child Custody in West Virginia
State-specific overview · Family Law
West Virginia courts award custody based on the child's best interests, with no presumption favoring either parent.
How West Virginia treats Child Custody
West Virginia law requires courts to evaluate multiple factors including the child's preference, each parent's fitness, the stability of each home, and the child's adjustment to school and community. Courts may award sole or joint custody depending on what serves the child's best interests. West Virginia recognizes that custody arrangements may change as the child's needs evolve and circumstances shift.
The general definition of Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Read the full Child Custody entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in West Virginia.