West Virginia Divorce With Children — Custody & Support
Custody, child support, and parenting plans when children are involved in an West Virginia divorce
How custody is determined §48-9-206
Unless the parents agree otherwise or it would be harmful to the child, the court must allocate custodial responsibility so the custodial time each parent spends with the child is equal (50-50).
Types of custody
- Legal custody — the right to make major decisions about the child's education, health care, and welfare
- Physical custody — where the child lives day-to-day
- Joint custody — both parents share legal custody, physical custody, or both
- Sole custody — one parent has primary decision-making authority or residential time
Child support §48-13-201; §48-13-702
West Virginia uses an income-shares model to calculate child support.
- Total support obligation is divided between the parents in proportion to their income, using both parents' adjusted gross income under the West Virginia Child Support Guidelines
- Guidelines apply unless the court finds them inappropriate in a specific case; the reason for any deviation and the calculated guidelines award must be stated on the record (preferably in writing on the worksheet or in the order)
- Health insurance and childcare costs are factored into the calculation
- Income can be withheld directly from the paying parent's employer §48-14-401
The parenting plan
Most West Virginia courts require a written parenting plan that addresses:
- Regular custody and visitation schedule
- Holiday and vacation time allocation
- Transportation arrangements and exchange locations
- Decision-making authority for education, health, and extracurricular activities
- Communication protocols between parents
- Relocation restrictions and notice requirements
Temporary orders during the divorce
Courts may issue temporary orders for support, custody, exclusive use of the marital home, and other relief while the divorce is pending. Temporary custody and support orders typically remain in effect until the final decree is entered.
Modifying custody later
A parenting plan may be modified upon showing a substantial change in circumstances and that modification is in the child's best interests. §48-9-401
Ready to Talk to a Lawyer?
Submit a short intake form and a participating West Virginia attorney who handles this type of matter may reach out to you. No commitment required.
Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
Related guides
- Total support obligation is divided between the parents in proportion to their income, using both parents' adjusted gross income under the West Virginia Child Support Guidelines
- Guidelines apply unless the court finds them inappropriate in a specific case; the reason for any deviation and the calculated guidelines award must be stated on the record (preferably in writing on the worksheet or in the order)
- Health insurance and childcare costs are factored into the calculation