West Virginia Parenting Plan
A West Virginia parenting plan sets out the allocation of custodial responsibility and decision-making responsibility a party asks the court to approve; a party seeking allocation must file a proposed parenting plan. Attorney review available.
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Introduction
In West Virginia, where custody is framed as the allocation of custodial responsibility and decision-making responsibility, a parenting plan is the written document two parents use to set out that responsibility and time with their children, whether they are divorcing, were never married, or are changing an existing order. In West Virginia, custody is framed as the allocation of custodial responsibility, the physical custodianship and supervision of the child, and the allocation of significant decision-making responsibility. A party seeking a judicial allocation of custodial responsibility or decision-making responsibility must file a proposed parenting plan with the court (West Virginia Code Section 48-9-205). Unless the parents resolve it by agreement or it would be harmful to the child, the court allocates custodial responsibility so that, except to the extent required under Section 48-9-209, the custodial time the child spends with each parent is equal, that is 50-50 (West Virginia Code Section 48-9-206). If the parents agree to one or more provisions of a parenting plan, the court will so order unless it finds the agreement was not knowing or voluntary or that the plan would be harmful to the child (West Virginia Code Section 48-9-201). DocDraft builds your West Virginia parenting plan from your family's schedule, with attorney review available before you file it with the court.
Key Things to Know
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In West Virginia, a parenting plan is the written document in which two parents set out custodial responsibility and decision-making responsibility for their children, whether they are divorcing, were never married, or are changing an existing order.
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West Virginia frames custody as the allocation of custodial responsibility, the physical custodianship and supervision of the child, and the allocation of significant decision-making responsibility (West Virginia Code Section 48-9-205).
- 3
A party seeking a judicial allocation of custodial responsibility or decision-making responsibility must file a proposed parenting plan with the court (West Virginia Code Section 48-9-205).
- 4
Unless resolved by the parents' agreement or unless harmful to the child, a West Virginia court allocates custodial responsibility so that the custodial time with each parent is equal, that is 50-50, except to the extent required under Section 48-9-209 (West Virginia Code Section 48-9-206).
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If the parents agree to one or more provisions of a parenting plan, a West Virginia court will so order unless it finds the agreement was not knowing or voluntary or that the plan would be harmful to the child (West Virginia Code Section 48-9-201).
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A West Virginia proposed parenting plan describes the custodial schedule, the allocation of significant decision-making responsibility, each parent's work and child-care schedules, the child's activities, and the areas of agreement and disagreement (West Virginia Code Section 48-9-205).
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In West Virginia, custodial responsibility means the physical custodianship and supervision of the child, and it is set out in the court's written order (West Virginia Code Section 48-9-206).
Key decisions before you file
Before you file a Parenting Plan in West Virginia, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.
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West Virginia Requirements for Parenting Plan
Allocation of Custodial and Decision-Making Responsibility
West Virginia frames custody as the allocation of custodial responsibility, the physical custodianship and supervision of the child, and the allocation of significant decision-making responsibility (West Virginia Code Section 48-9-205). These terms replace the older labels of custody and visitation.
Equal (50-50) Custodial Time
Unless resolved by the parents' agreement or unless harmful to the child, a West Virginia court allocates custodial responsibility so that, except to the extent required under Section 48-9-209, the custodial time the child spends with each parent is equal, that is 50-50 (West Virginia Code Section 48-9-206).
Proposed Parenting Plan Required
A party seeking a judicial allocation of custodial responsibility or decision-making responsibility in West Virginia must file a proposed parenting plan with the court (West Virginia Code Section 48-9-205). The proposed plan gives the court the custodial schedule and decision-making the party is asking for.
Required Contents of the Plan
A West Virginia proposed parenting plan describes the allocation of custodial responsibility and the custodial schedule, the allocation of significant decision-making responsibility, each parent's work and child-care schedules, the child's school and extracurricular activities, and the known areas of agreement and disagreement (West Virginia Code Section 48-9-205).
Significant Decision-Making Responsibility
Your West Virginia parenting plan should state how significant decision-making responsibility is allocated for major decisions about the children's education, health care, and religious upbringing (West Virginia Code Section 48-9-205). Each parent generally makes routine daily decisions while a child is in that parent's care.
Custodial Schedule
Your plan should set the custodial schedule: the weekday and weekend routine, holidays, school breaks, and summer, plus exchanges and transportation. West Virginia starts from equal custodial time unless the parents agree otherwise or equal time would be harmful to the child (West Virginia Code Section 48-9-206).
Agreed Provisions Ordered
If the parents agree to one or more provisions of a parenting plan, a West Virginia court will so order unless it makes specific findings that the agreement was not knowing or voluntary, or that the plan would be harmful to the child (West Virginia Code Section 48-9-201).
Court Order and Findings
When the parents do not agree, a West Virginia court decides the allocation of custodial responsibility after a hearing and puts it in a written order (West Virginia Code Section 48-9-206). The parenting plan takes effect only when the court approves the arrangement.