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Under the new WV custody law, both types of custodial rights shall be shared equally between the parents unless the parents agree otherwise or the court finds such shared custody is not in the best interests of the child.

Unmarried Mother's Parental Rights in West Virginia If the parents are not married, the mother is usually given the primary custody rights automatically. This means the mother has complete authority to make minor and major decisions regarding the welfare of the child.

West Virginia courts have long used the ?best interest of the child? standard when determining custody, and that hasn't changed. Still, the new law instructs judges to presume that a 50-50 split in physical custody is in the child's best interest.

- An order removing a child from his or her home and placing the child in the custody of the Department must state (1) that there is reasonable cause to believe that the child is in imminent danger; (2) that continuation in the home is contrary to the welfare of the child, setting forth the reasons; (3) whether the ...

WV custody law allows for the judge to award a temporary parenting plan during the custody negotiations and divorce process. The judge may decide which parent should have custody or whether it should be shared. However, the parents can also come to an agreed temporary plan to submit to the court for approval.

The application for emergency custody may be on forms prescribed by the Supreme Court of Appeals or prepared by the prosecuting attorney or the applicant, and shall set forth facts from which it may be determined that the probable cause described above in this subsection exists.