§ 48-9-102 — Objectives; best interests of the child

West Virginia § 48-9-102

• Jurisdiction: West Virginia
• Ch. 48: DOMESTIC RELATIONS
• Art. 9: ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN

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(a) The primary objective of this article is to serve the child’s best interests by facilitating:

(1) Stability of the child;

(2) Collaborative parental planning and agreement about the child’s custodial arrangements and upbringing;

(3) Continuity of existing parent-child attachments;

(4) Meaningful contact between a child and each parent, and which is rebuttably presumed to be equal (50-50) custodial allocation of the child;

(5) Caretaking and parenting relationships by adults who love the child, know how to provide for the child’s needs, and who place a high priority on doing so;

(6) Security from exposure to physical or emotional harm;

(7) Expeditious, predictable decisionmaking and avoidance of prolonged uncertainty respecting arrangements for the child’s care and control; and

(8) Meaningful contact between a child and his or her siblings, including half-siblings.

(b) A secondary objective of this article is to achieve fairness between the parents consistent with the rebuttable presumption of equal (50-50) custodial allocation.

Legislative History

2022 Reg. Sess., SB463; 2021 Reg. Sess., HB2363; 2020 Reg. Sess., HB4648; 2001 Reg. Sess., HB2199