In a landmark shift that could redefine how courts approach parenting plans, West Virginia has passed legislation aimed at promoting equal parenting time for both parents after a separation or divorce. Commonly referred to as the “50/50 custody law,” this new legal standard is reshaping the way custody is determined across the state.
At Klie Law Offices, we understand that any change to West Virginia child custody laws can cause uncertainty for families. Whether you’re currently in a custody dispute or planning to revisit a parenting arrangement, understanding the new legal framework is critical to protecting your rights and making informed decisions for your child’s future.
In this article, we break down:
- What the 50/50 custody law actually means
- How it affects new and existing custody cases
- What courts consider when granting shared custody
- How to modify your custody order under the new standard
- Why you still need an experienced West Virginia child custody attorney
What Is the 50/50 Custody Law in West Virginia?
The new law, formally known as HB 4648, took effect in 2022 and introduced a strong legal presumption that equal (50/50) parenting time is in the best interest of the child. Under this presumption, courts are encouraged to award joint physical custody to both parents unless there is clear evidence that equal time would not benefit the child.
This legislation aims to:
- Promote meaningful relationships with both parents
- Reduce long-term custody battles
- Ensure that neither parent is automatically favored based on gender or traditional roles
Previously, many custody decisions defaulted to one parent—often the mother—receiving primary custody, with the other parent receiving visitation. This new approach levels the playing field by making equal parenting time the starting point for all cases.
How Does the New Law Affect Your Child Custody Case?
If you’re entering a custody case in West Virginia, the court will now begin with the assumption that shared custody is best for your child. This applies to both initial custody determinations and requests to modify an existing order.
Does It Apply to Existing Custody Orders?
Yes. Parents with older custody arrangements can petition the court to modify their parenting plan based on the new law. However, you must show that a material change in circumstances has occurred, which may include:
- A change in the child’s needs
- A parent’s improved availability
- The child’s expressed preference (depending on age)
- The new law itself, if it was not in place at the time of the original order
Our team at Klie Law Offices can help you determine whether you qualify to file a motion for custody modification.
What Does 50/50 Custody Actually Look Like?
Equal custody doesn’t always mean a simple every-other-week split. Courts and families can adopt various time-sharing schedules that equitably divide time while accommodating:
- Work schedules
- School calendars
- Extracurricular activities
- Distance between households
Some common 50/50 schedules include:
- Alternating weeks (7 days with each parent)
- 2-2-5-5 schedule (2 days with one parent, 2 days with the other, then 5 days with each)
- 3-4-4-3 schedule (alternates every week but maintains routine days)
Each case is unique, and flexibility is key to maintaining stability and reducing stress for the child.
Exceptions to the 50/50 Custody Presumption
While the law sets a default preference, it’s not absolute. Courts can override the presumption if they find that equal time would not be in the child’s best interest. Some exceptions include:
- A history of domestic violence or abuse
- Substance abuse by a parent
- One parent being physically or emotionally unfit
- Situations where logistics (like school or distance) make equal time impractical
The court will always prioritize the child’s health, safety, and emotional well-being above all else.
If you believe your situation qualifies for an exception, consult a West Virginia child custody lawyer to help present your case with the appropriate evidence.
How Do West Virginia Courts Determine the Child’s Best Interest?
Even with the new 50/50 standard, courts retain discretion to evaluate what serves the child’s best interest. Judges may consider several factors, such as:
- The child’s relationship with each parent
- The ability of each parent to provide for the child’s needs
- Communication and cooperation between parents
- The stability of each parent’s home environment
- The child’s own wishes, depending on age and maturity
Parents who demonstrate a willingness to co-parent respectfully and maintain a consistent routine are more likely to receive equal parenting time.
Can You Agree to a Different Custody Arrangement?
Yes. Parents can agree to an alternative parenting plan, such as one parent having primary custody with the other receiving extended visitation. Courts generally honor mutual agreements, so long as they do not harm the child.
However, if your co-parent is uncooperative or attempts to limit your parenting time unfairly, you may need to file a petition to assert your rights under the new law.
Do You Still Need a Lawyer Under the New 50/50 Law?
Absolutely. While the law favors shared custody, custody battles remain highly fact-specific and emotionally charged. A skilled attorney can:
- Help you draft a fair, workable parenting plan
- Advocate for your parental rights in court
- Present evidence supporting or contesting 50/50 custody
- Navigate exceptions or requests for sole custody
- Ensure compliance with local rules and legal standards
At Klie Law Offices, we represent parents in Buckhannon, Morgantown, Clarksburg, Parkersburg, and throughout West Virginia who are seeking clarity and fairness in child custody proceedings.
Benefits of 50/50 Custody
The shift toward equal parenting time is based on research showing that children benefit from ongoing, meaningful relationships with both parents. Some key benefits include:
- Improved emotional and psychological development
- Less conflict between parents post-divorce
- Shared responsibility in education, discipline, and healthcare
- Greater financial equity in raising the child
While every family dynamic is different, many children thrive when both parents are actively involved in their lives.
Challenges of Equal Parenting Time
Despite the benefits, equal custody can create new complications, such as:
- The need for detailed coordination and communication
- Logistical issues if parents live far apart
- Disputes over transitions, school decisions, or discipline
- Emotional strain if one parent is unwilling to cooperate
That’s why it’s crucial to work with a legal team that can help you build a clear, enforceable parenting plan.
How to Modify a Custody Agreement Under the New Law
If your current custody plan doesn’t reflect a 50/50 split, and you believe it should, you may be able to file a motion to modify your court order. To succeed, you must show:
- A material change in circumstances
- That the proposed modification serves the child’s best interest
The new legal standard could qualify as a material change in some cases, especially if your original order was issued before the law passed.
Our team can help you file for custody modification and advocate for an updated parenting schedule that gives you the time you deserve.
Enforcing Your Parenting Rights
If your co-parent refuses to comply with a 50/50 order or prevents you from spending your court-ordered time with your child, you may need to take legal action. Our firm can assist with:
- Filing a motion for contempt
- Enforcing parenting time through the court
- Updating your order to include stricter provisions
Learn more about your rights and options on our page about enforcement of court orders.
Get Legal Help From West Virginia’s Trusted Custody Attorneys
Navigating the new 50/50 custody law in West Virginia doesn’t have to be overwhelming. Whether you’re seeking a fair share of parenting time, defending your child’s best interests, or resolving a dispute with your ex, Klie Law Offices is here to help.
We offer experienced, compassionate, and results-driven representation to parents throughout West Virginia. Let us fight for the custody outcome your child deserves.
