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However, a custodial parent whose children are subjects of a court-issued child custody order cannot simply move. West Virginia Code §48-9-403 lists a number of steps in the process to modify a custody plan to allow relocation.

Custody orders stay in place until a child reaches 18 or is emancipated. A judge may order a visitation or custody arrangement that doesn't align with a child's preference. For example, a child may not want to have visits with an estranged parent. There's no set age when a child can refuse visitation.

Who has the right to custody of a child? Unless there is a court custody order, both parents of a child have equal rights to physical possession of a child. This is true even if the parties are not married to each other.

This belief of 50/50 custody is ?rebuttable? or challengeable. To challenge it, a parent must prove ?by a preponderance of the evidence? that the other parent should not have 50/50 custody. This means there is over a 50% chance that what you are saying is true.

A family court final order shall contain language explicitly informing the parties (1) that it is a final order; (2) that any party aggrieved by the final order may take an appeal either to the intermediate court of appeals or directly to the supreme court of appeals under West Virginia Code § 51-2A-15; (3) that an ...

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.