West Virginia § 48-9-102a Presumption in favor of equal (50-50) custodial allocation

West Virginia Statutes

§ 48-9-102a — Presumption in favor of equal (50-50) custodial allocation

West Virginia § 48-9-102a

Ch. 48DOMESTIC RELATIONS

Art. 9ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN

This text of West Virginia § 48-9-102a (Presumption in favor of equal (50-50) custodial allocation) 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 § 48-9-102a (2026).

Text

There shall be a presumption, rebuttable by a preponderance of the evidence, that equal (50-50) custodial allocation is in the best interest of the child. If the presumption is rebutted, the court shall, absent an agreement between the parents as to all matters related to custodial allocation, construct a parenting time schedule which maximizes the time each parent has with the child and is consistent with ensuring the child’s welfare.

Free access — add to your briefcase to read the full text and ask questions with AI

There shall be a presumption, rebuttable by a preponderance of the evidence, that equal (50-50) custodial allocation is in the best interest of the child. If the presumption is rebutted, the court shall, absent an agreement between the parents as to all matters related to custodial allocation, construct a parenting time schedule which maximizes the time each parent has with the child and is consistent with ensuring the child’s welfare.