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.