WV’s Parental Bill of Rights: What It Means for Custody, Education, and Medical Decisions
West Virginia’s Parental Bill of Rights, enacted through House Bill 2129 and effective July 2, 2025, represents one of the most significant changes to parental rights in the state’s recent history. The law codifies the fundamental right of parents to direct the upbringing, education, healthcare, and moral and religious training of their children. More importantly for family law purposes, it creates a cause of action that allows parents to seek injunctive relief when they believe these rights have been violated.
At Klie Law Offices, we have been tracking this legislation closely and advising families across West Virginia on how it intersects with existing custody laws. If you are a parent in West Virginia, here is what the Parental Bill of Rights means for you.
What the Parental Bill of Rights Establishes
HB 2129 formally recognizes that parents have a fundamental right to direct the upbringing of their children. While this principle has long been recognized in constitutional law through Supreme Court decisions dating back to the 1920s, the Parental Bill of Rights codifies it in West Virginia statute, giving parents a specific legal mechanism to enforce these rights.
The law establishes that parents have the right to direct the education of their child, including the choice between public, private, religious, and home education. Parents have the right to direct the moral and religious upbringing of their child. Parents have the right to make healthcare decisions for their child, including the right to consent to or decline medical treatment. Parents have the right to access and review educational records, medical records, and other records related to their child. And parents have the right to be notified of government actions that significantly affect the parent-child relationship.
How This Affects Child Custody Cases
Decision-Making Authority
In West Virginia custody cases, courts allocate both physical custody (where the child lives) and legal custody (who makes major decisions about the child’s life). Legal custody includes decisions about education, healthcare, religious upbringing, and extracurricular activities. The Parental Bill of Rights reinforces the principle that both parents have fundamental rights in these areas, which could influence how courts allocate legal custody.
Under the 50/50 custody presumption, both parents are presumed to have equal custodial time. The Parental Bill of Rights adds another layer by emphasizing that both parents have fundamental decision-making rights. This could strengthen arguments for joint legal custody even in cases where physical custody is not equally shared.
Education Disputes
One of the most practical applications of the Parental Bill of Rights is in education disputes between divorced or separated parents. When parents disagree about where a child should attend school — public versus private, one school district versus another, homeschooling versus traditional schooling — the Parental Bill of Rights reinforces that both parents have a fundamental stake in these decisions.
The law does not resolve these disputes automatically. It does not give one parent’s educational preference priority over the other’s. But it provides a statutory basis for either parent to argue that their educational rights should be considered by the court, and it may influence how courts weigh school enrollment decisions when parents disagree.
Medical Decision-Making
Healthcare decisions are another common flashpoint in custody cases. When parents disagree about vaccinations, mental health treatment, medications, or other medical interventions for their child, the Parental Bill of Rights confirms that both parents have a fundamental right to participate in these decisions. A parent who has been excluded from medical decision-making by the other parent may be able to use the new law to seek injunctive relief.
School and Institutional Records
The right to access educational and medical records is particularly important for non-custodial parents who sometimes face barriers to obtaining information about their children. Under the Parental Bill of Rights, both parents have a statutory right to access these records, reinforcing protections that already exist under federal law (FERPA for educational records, HIPAA for medical records) but providing an additional state-law basis for enforcement.
The Injunctive Relief Provision
Perhaps the most legally significant aspect of the Parental Bill of Rights is its creation of a cause of action for injunctive relief. If a parent believes their rights under the law have been violated by a government entity — such as a school, a healthcare provider operating under government authority, or a state agency — they can petition the court for an injunction ordering the entity to cease the violation and respect the parent’s rights.
This provision primarily targets government actions, not disputes between parents. A parent who disagrees with the other parent’s educational choices cannot use this law to override a court order allocating educational decision-making to the other parent. However, if a school or government agency takes action regarding a child that conflicts with both parents’ expressed wishes, the law provides a mechanism to challenge that action.
Intersection with CPS and Government Investigations
The Parental Bill of Rights has implications for cases involving Child Protective Services (CPS). The law reinforces parents’ fundamental rights during CPS investigations, including the right to be notified of actions affecting the parent-child relationship and the right to direct the child’s medical and educational care.
However, the law does not override the state’s authority to protect children from abuse and neglect. Courts retain the power to restrict parental rights when the child’s safety requires it. The Parental Bill of Rights creates a framework, not an absolute shield.
What the Parental Bill of Rights Does NOT Do
There are important limitations to understand. The law does not change existing custody orders. If you have a current custody arrangement, the Parental Bill of Rights does not automatically modify it. The law does not give one parent authority over the other in shared custody situations. It does not override court orders that allocate specific decision-making responsibilities to one parent. It does not prevent CPS from investigating allegations of abuse or neglect. And it does not apply to private disputes between parents — it primarily addresses government interference with parental rights.
Implications for WV-OH Cross-Border Families
For families with connections to both West Virginia and Ohio, the Parental Bill of Rights adds another layer to the already complex differences between the two states’ family law systems. Ohio does not have an equivalent statute, though Ohio courts recognize parental rights under general constitutional principles. If your custody case involves both states, understanding which state’s laws apply is critical.
Frequently Asked Questions
Can I use the Parental Bill of Rights to change my custody order?
Not directly. The law does not provide a basis for modifying custody. However, the principles it establishes may influence how courts evaluate custody disputes going forward.
Does this law apply to stepparents or grandparents?
The law specifically protects the rights of parents. Stepparents and grandparents have separate legal rights under other provisions of WV law, but the Parental Bill of Rights is focused on biological and adoptive parents.
Can a school override my parental decisions under this law?
The law strengthens parents’ authority over educational decisions. However, schools retain authority over matters within their operational control, such as curriculum delivery, school safety policies, and compliance with state education requirements. The intersection of parental rights and school authority will likely be developed through case law over time.
What if the other parent disagrees with my educational or medical choice?
The Parental Bill of Rights does not resolve inter-parent disputes. When parents disagree on education or healthcare decisions and cannot reach agreement, the family court retains authority to decide based on the child’s best interests.
Contact Klie Law Offices
If you have questions about how the Parental Bill of Rights affects your custody situation or your rights as a parent in West Virginia, the family law attorneys at Klie Law Offices can help. We serve families from offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.
Schedule a free case evaluation to discuss your situation.
