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West Virginia · WV

West Virginia Custody Laws: Parenting Time & Relocation

A plain-English reference to West Virginia custody terminology, joint custody, parenting time, relocation, child preferences, and order changes.

Informational only—not legal advice. Laws and guidelines change. Verify the current rule with the official court resource and a licensed West Virginia family-law attorney.

Primary law and terminology

W. Va. Code § 48-9-206 (past caretaking allocation). In West Virginia, courts generally describe the schedule as a parenting plan. The court's decision is based on the child's best interests, not simply a parent's preferred percentage of time.

Joint custody and parenting time

No presumption; custodial time is allocated in proportion to each parent's past caretaking share.

Child preference

A child 14 or older may choose, subject to the court's review.

Relocation and move-away cases

W. Va. Code § 48-9-403 requires notice and permits modification if the move significantly impairs the schedule.

Changing an existing order

A substantial change that was not provided for in the plan is required.

Where to file

Under the UCCJEA the child generally must have lived in the state for the 6 months before filing (or since birth, if younger). West Virginia allocates custodial time in proportion to each parent's past caretaking.

Build a workable West Virginia parenting plan

Put regular time, holidays, exchanges, communication, and dispute steps in one written plan. Then keep the actual schedule and handoffs organized as circumstances change.

West Virginia custody questions

What are the custody laws in West Virginia?

West Virginia applies the statute or rule summarized above and decides parenting time by the child's best interests. Read the official court resource before filing.

Can a parent move with a child in West Virginia?

W. Va. Code § 48-9-403 requires notice and permits modification if the move significantly impairs the schedule.

How do I change a West Virginia custody order?

A substantial change that was not provided for in the plan is required.

More West Virginia family-law resources

Compare the rule with your written plan, schedule, and records before you file or negotiate.

Last reviewed ·Reviewed by the CustodyTrac editorial team

How this is calculated

Terminology, parent-education requirements, and filing venue are taken from each state's court self-help materials and statutes. Requirements change — confirm with the court where you file.

CustodyTrac publishes educational information, not legal advice. Custody and support outcomes depend on facts a calculator cannot see — confirm anything that matters with a family law attorney in your state.