West Virginia Divorce With Children — Custody and Child Support (2026)

West Virginia Family Courts apply the "best interests of the child" standard to all custody and parenting time decisions. A Parenting Plan is required.

West Virginia Custody Framework

Legal Custody

• Shared legal custody: Both parents share major decisions — education, healthcare, religion — preferred when parents can cooperate
• Sole legal custody: One parent has decision-making authority — ordered when the other is unfit or cooperation is impossible

Physical Custody / Parenting Time

• Primary physical custody: Child primarily lives with one parent
• Shared physical custody: Significant time with both parents — may affect child support

Best Interests of the Child (W. Va. Code § 48-9-101 et seq.)

West Virginia's Parenting and Custody Act governs all custody decisions. Courts consider:

1. The child's relationship with each parent and ability to maintain these relationships
2. Each parent's ability to provide for the child's physical and psychological needs
3. The developmental and special needs of the child
4. Each parent's involvement in the child's life prior to the action
5. Each parent's ability and disposition to cooperate with the other
6. History or risk of domestic abuse or child abuse
7. Geographic distance between the parents' homes
8. The child's preference (with weight given by maturity)
9. Each parent's work schedule and availability
10. Each parent's mental and physical health

Domestic violence: West Virginia gives substantial weight to domestic violence history. Documented abuse can result in supervised visitation or denial of custody.

Parenting Plan — Required

West Virginia Family Court requires a detailed Parenting Plan. It must address:

• Legal custody designation
• Primary residence and regular parenting schedule
• Holiday and vacation schedule (Thanksgiving, Christmas, spring break, summer, birthdays)
• School and healthcare decision-making
• Transportation and exchange logistics
• Communication between parents and between child and each parent
• Procedure for schedule modification requests
• Relocation provisions (advance notice; modification if significant move)
• Dispute resolution (mediation before court)

West Virginia Child Support Guidelines

West Virginia uses the income shares model — both parents' incomes contribute to the support obligation.

Process:

1. Determine both parents' gross monthly incomes (all sources)
2. Apply allowable deductions (taxes, prior court-ordered support, health insurance premiums)
3. Find the basic support obligation from the WV Child Support Schedule (combined income and number of children)
4. Allocate proportionally based on each parent's share of combined income
5. Add adjustments: child's health insurance, work-related childcare costs, parenting time offset (if shared custody)

Duration: West Virginia child support continues until the child turns 18 or graduates from high school, whichever is later (not to exceed age 20). Confirm current statute.

Income Withholding Order: WV courts routinely enter IWOs directing employer to deduct support.

Last reviewed: March 2026 | W. Va. Code § 48-9-101 | Best interests standard | Parenting Plan required | Income shares child support | WV Guidelines | Support ends at 18/HS graduation | Family Court | courtswv.gov/public-resources/court-forms.html

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.