WEST VIRGINIA Part 10

2.                  What do we need to do to get custody?

When making decisions about child custody and visitation orders in a divorce or separation, the primary goal of the West Virginia courts is to ensure the orders benefit the child's best interests. This means the court will look at all the circumstances related to the child and each parent before making a custody decision. Courts want to ensure that the child's life remains as stable as possible when parents separate, and that both parents will still have a positive relationship with the child. Using the best interests of the child standard, the judge will consider factors such as the current relationship between the child and each parent, the emotional stability provided by each parent, whether one parent has a better ability to care for the child, and the child's and each parent's mental and physical health.