West Virginia requires all cases involving a minor child to submit a parenting plan to the court. If the parents are able to agree on the custody terms and submit a joint parenting plan, it is likely to be accepted by the court unless it is deemed harmful to the child.

If, however, the parents are unable to reach an agreement, the process becomes more complicated as they must each submit an individual parenting plan for the court to determine what serves the best interest of the child.

Under the state’s statutory guidelines, child support obligations are determined by both parents’ adjusted gross income, the number of eligible children, time spent with each parent, and other relevant factors. Use the Shared Parenting Worksheet to estimate the amount of child support that may be ordered by the court.

Once completed, the parenting plan should be filed at the circuit clerk’s office in the county where the child resides.

If a parent is filing an individual parenting plan, they must also submit the following:

• Worksheet for Individual Proposed Parenting Plan
• Motion to Adopt Individual Proposed Parenting Plan

The filer should request a temporary order on parenting. If approved by the court, a temporary order can become a permanent parenting plan.

If an individual parenting plan was filed, the filer must serve copies of the motion, plan, and worksheet to the other parent.

The court will determine whether the proposed parenting plan(s) is in the best interest of the child and confirm other important details. At the conclusion of the hearing, the court may accept the plan or make modifications as necessary.

If the parents are still unable to agree on a plan, the court may refer the parents to a mediator or schedule subsequent hearings to determine an outcome that best serves the child.