If you only remember one point about child custody and parenting time in West Virginia, remember this: West Virginia uses Decision-making responsibility and custodial responsibility / parenting time.. Courts apply best-interests factors under chapter 48 article 9, including parental capacity, the child’s relationship with each parent, and any history of domestic violence. Shared parenting is encouraged when safe; allocations follow the child’s best interests under a parenting plan. Procedure, examples, and the opinions below hang off W. Va. Code §§ 48-9-101 to 48-9-604. Relocation: A parent seeking to relocate with the child must generally provide notice and may need court modification under article 9 relocation provisions. Modification: A substantial change of circumstances is required to modify a parenting plan.
Relocation with a child
A parent seeking to relocate with the child must generally provide notice and may need court modification under article 9 relocation provisions.
Walking through West Virginia facts
Use this walkthrough to see which West Virginia authority does the work at each step.
Two parents in West Virginia disagree about where the child lives during the school week, and one wants to move.
- Use the labels West Virginia actually uses: Decision-making responsibility and custodial responsibility / parenting time..
- Apply the best-interests factors: Courts apply best-interests factors under chapter 48 article 9, including parental capacity, the child’s relationship with each parent, and any history of domestic violence.
- Check any parenting presumption: Shared parenting is encouraged when safe; allocations follow the child’s best interests under a parenting plan.
- If a move is proposed: A parent seeking to relocate with the child must generally provide notice and may need court modification under article 9 relocation provisions. Later changes follow: A substantial change of circumstances is required to modify a parenting plan.
Parenting plans are filed in divorce or a custody action. Mediation may be ordered. Final orders allocate decision-making and custodial responsibility.
Modifying a West Virginia custody order
A substantial change of circumstances is required to modify a parenting plan.
How custody cases typically move in West Virginia
Parenting plans are filed in divorce or a custody action. Mediation may be ordered. Final orders allocate decision-making and custodial responsibility.
Related West Virginia guides
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Case law: custody and parenting time in West Virginia
In Re: K.H.
In Re: K.H., 235 W. Va. 254 (2015)
…ip of her granddaughter, K.H. The family court granted full custody to Anthony B., the child’s father (hereinafter “father”) with no ongoing visitation granted to the grandmother. On appeal, the grandmother contends that the family court erred in failing to recognize her as the psychological parent of the child; failing to properly consider the child’s best interests or materia…
On child custody, In Re: K.H. speaks to the West Virginia dispute in this passage: "K.H. The family court granted full custody to Anthony B., the child’s father (hereinafter “father”) with no ongoing visitation granted to the grandmother." The surrounding opinion shows how the court applied that language to the record.
West Virginia Department of Human Services v. La Rea Ann C.L.
West Virginia Department of Human Services v. La Rea Ann C.L., 175 W. Va. 330 (1985)
…ed 16-year-old, voluntarily placed herself in the temporary custody *332 of the West Virginia Department of Human Services in order to receive the proper care that her parents, both of whom had been declared unfit parents by reason of alcoholism, would not be able to provide her. 1 After the baby was born, the appel-lee placed her child under foster care also, so they could be…
Practitioners open West Virginia Department of Human Services v. La Rea Ann C.L. when West Virginia child custody turns on the distinction in this sentence: "West Virginia Department of Human Services in order to receive the proper care that her parents, both of whom had been declared unfit parents by reason of alcoholism, would not be able to provide her." Do not lift it out of the facts the court was deciding.
In Re HUNTER H.
In Re HUNTER H., 227 W. Va. 699 (2011)
…ine. 2 On August 16, 2007, Grandmother Donna agreed to take custody of Hunter until a safety plan could be put into place. The DHHR subsequently received information that Grandmother Donna’s husband, Frank B., regularly used marijuana and alcohol and had difficulty controlling his behavior. Due to these concerns, the DHHR sought to remove Hunter from Grandmother Donna’s house a…
In Re HUNTER H. is worth reading on West Virginia child custody because the court put the point in its own words: "On August 16, 2007, Grandmother Donna agreed to take custody of Hunter until a safety plan could be put into place. The DHHR subsequently received information that Grandmother Donna’s husband, Frank B." Use that passage as the starting point, then read the facts that precede it.
In Re: S.W.
In Re: S.W., 236 W. Va. 309 (2015)
…011, the child was returned to the mother’s care, but legal custody remained with the DHHR. Approximately four months later, on March 9, 2012, the GAL filed a motion to return physical custody of the child to the DHHR because the mother had violated the terms of the post-adjudicatory improvement period by refusing to answer the door to her home and submit to a drug test. The ch…
On child custody, In Re: S.W. speaks to the West Virginia dispute in this passage: "Approximately four months later, on March 9, 2012, the GAL filed a motion to return physical custody of the child to the DHHR because the mother had violated the terms of the post-adjudicatory improvement period by refusing to answer the door to her home and submit to a drug test." The surrounding opinion shows how the court applied that language to the record.
STATE of West Virginia Ex Rel. Gail TREADWAY, Now Charlotte Richmond, Child Protective Service Worker, West Virginia
NEELY, Justice: This is a custody dispute between foster parents, Cletus and Janet Browning, appellants, 1 who have looked after Angela Pearl Meadows since she was ten months old (and now want to adopt her) and little Angela’s half-sister (who also wants to adopt Angela). The half-sister, Rita McCoy Stetson, has had virtually no contact with An…
STATE of West Virginia Ex Rel. Gail TREADWAY, Now Charlotte Richmond, Child Protective Service Worker, West Virginia is worth reading on West Virginia child custody because the court put the point in its own words: "NEELY, Justice: This is a custody dispute between foster parents, Cletus and Janet Browning, appellants, 1 who have looked after Angela Pearl Meadows since she was ten months old (and now want to adopt her) and little Angela’s half-sister (who also wants to adopt Angela)." Use that passage as the starting point, then read the facts that precede it.
AMANDA A., Petitioner Below, Petitioner v. KEVIN T., Respondent Below, Respondent
…it court upheld the family court’s orders modifying primary custody of the parties’ child. The mother contends that the lower court erred in affirming the modification of custody and the award of primary residential custody to the respondent, Kevin T. (hereinafter “the father”). Based on the parties’ briefs, the appendix record designated for our consideration, and the pertinen…
On child custody, AMANDA A., Petitioner Below, Petitioner v. KEVIN T., Respondent Below, Respondent speaks to the West Virginia dispute in this passage: "The mother contends that the lower court erred in affirming the modification of custody and the award of primary residential custody to the respondent, Kevin T. (hereinafter “the father”)." The surrounding opinion shows how the court applied that language to the record.
STATE of West Virginia Ex Rel. ROSE L., Mary L., Laura L. and Richard L., Jr., Petitioners, v. Hono — Davis, J
…er, is tempered by a longstanding principle of law that in “custody matters, we have traditionally held paramount the best interests of the child.” Syl. pt; 5, in part, Carter v. Carter, 196 W.Va. 239, 470 S.E.2d 193 (1996). Because I am committed to making certain that the “best interests of the child” remains the polar star for child custody decisions in West Virginia, I writ…
STATE of West Virginia Ex Rel. ROSE L., Mary L., Laura L. and Richard L., Jr., Petitioners, v. Hono — Davis, J is worth reading on West Virginia child custody because the court put the point in its own words: "Syl. pt; 5, in part, Carter v. Carter, 196 W.Va. 239, 470 S.E.2d 193 (1996)." Use that passage as the starting point, then read the facts that precede it.
In the Matter of HUNTER H. — Workman, J., concurring in part and dissenting in part
…ransition period in connection with the restoration of full custody of his child back to him. The child had been in the custody of her mother with reasonable visitation by the natural father. Id. at 449-50, 388 S.E.2d at 323. The child’s mother remarried and the child lived during this marriage with her mother, stepfather and half-brother. The natural father, however, maintaine…
West Virginia opinions such as In the Matter of HUNTER H. — Workman, J., concurring in part and dissenting in part are cited where child custody is disputed. The court stated: "The child had been in the custody of her mother with reasonable visitation by the natural father. Id. at 449-50, 388 S.E.2d at 323. The child’s mother remarried and the child lived during this marriage with her mother, stepfather and half-brother." That is the language to brief; the rest of the decision supplies the procedural posture.
Key takeaways
- Best-interests standard: Courts apply best-interests factors under chapter 48 article 9, including parental capacity, the child’s relationship with each parent, and any history of domestic violence.
- Labels used in West Virginia: Decision-making responsibility and custodial responsibility / parenting time..
- Parenting-time posture: Shared parenting is encouraged when safe; allocations follow the child’s best interests under a parenting plan.
- Relocation: A parent seeking to relocate with the child must generally provide notice and may need court modification under article 9 relocation provisions.
- Modification: A substantial change of circumstances is required to modify a parenting plan.
- Primary authority: W. Va. Code §§ 48-9-101 to 48-9-604.
Best-interests factors in West Virginia
Courts apply best-interests factors under chapter 48 article 9, including parental capacity, the child’s relationship with each parent, and any history of domestic violence.
Legal custody, physical custody, and parenting time
Decision-making responsibility and custodial responsibility / parenting time.
Shared parenting is encouraged when safe; allocations follow the child’s best interests under a parenting plan.
Frequently asked questions
What does West Virginia call “custody”?
Decision-making responsibility and custodial responsibility / parenting time.
Can I move out of state with my child?
A parent seeking to relocate with the child must generally provide notice and may need court modification under article 9 relocation provisions.
How do I change an existing custody order in West Virginia?
A substantial change of circumstances is required to modify a parenting plan.
This guide covers West Virginia custody law as of 2026. Verify the live statute and any local parenting-time guidelines before relying on this summary.