West Virginia § 48-31-304 Effect of prior judicial order or agreement

West Virginia Statutes

§ 48-31-304 — Effect of prior judicial order or agreement

West Virginia § 48-31-304

Ch. 48DOMESTIC RELATIONS

Art. 31UNIFORM DEPLOYED PARENTS CUSTODY AND VISITATION ACT

This text of West Virginia § 48-31-304 (Effect of prior judicial order or agreement) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 48-31-304 (2026).

Text

In a proceeding for a grant of custodial responsibility pursuant to this article, the following rules apply:

(1)A prior judicial order, designating custodial responsibility if there is deployment, is binding on the court unless the circumstances meet the requirements of law of this state other than this article for modifying a judicial order regarding custodial responsibility.

(2)The court shall enforce a prior written agreement between the parents for designating custodial responsibility if there is deployment, including an agreement executed under section two hundred one of this article, unless the court finds that the agreement is contrary to the best interest of the child.

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In a proceeding for a grant of custodial responsibility pursuant to this article, the following rules apply:

(1) A prior judicial order, designating custodial responsibility if there is deployment, is binding on the court unless the circumstances meet the requirements of law of this state other than this article for modifying a judicial order regarding custodial responsibility.

(2) The court shall enforce a prior written agreement between the parents for designating custodial responsibility if there is deployment, including an agreement executed under section two hundred one of this article, unless the court finds that the agreement is contrary to the best interest of the child.