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Legal Information: West Virginia

Custody

Laws current as of April 1, 2024

What is a parenting plan?

parenting plan describes the custody and physical care arrangement and spells out when each parent will have time with the child. Parents can come to an agreement on their own and submit a joint parenting plan to the judge. However, if the parents cannot agree, each parent can submit his/her own proposed plan. Then, the judge will decide and make the order.1

The court has parenting plan forms you can use if you don’t have a lawyer. Find links to get the divorce and custody forms on our WV Download Court Forms page.

If you are a domestic violence survivor, the parenting plan needs to be safe for you and your child. The best way to get help making a safe plan is to speak with a lawyer who knows about custody and domestic violence. Go to our WV Finding a Lawyer page for legal referrals. However, if you’re on your own without a lawyer, you may find it helpful to read 10 Things to Know About Parenting Plans in Cases Involving Domestic Violence.2

1 WV ST §§ 48-9-203; 48-9-205
2 See 10 Things to Know About Parenting Plans in Cases Involving Domestic Violence by Melissa Mangiaracina, JD, National Council of Juvenile and Family Court Judges (2019)