West Virginia

In West Virginia, the Best Interests of the Child Protection Act of 2022 establishes a presumption favoring equal (50/50) shared custody between parents. This means courts begin with the assumption that equally dividing physical custody serves the child's best interests. However, this presumption can be challenged with evidence demonstrating that equal custody would not be suitable for the child. The law also introduces the "Friendly Parent Factor," which evaluates each parent's willingness to facilitate ongoing contact between the child and the other parent. This approach aims to ensure children maintain meaningful relationships with both parents post-separation.