The judge may decide to award joint custody to both parents
or sole custody to one parent, depending on whether both parents can provide
for the child's mental, physical, and emotional needs. If the judge orders sole
custody to one parent, the other parent will likely have visitation on the
weekends, holidays, and during school breaks. However, if the court suspects
that one parent is abusing drugs or alcohol, or that the child will not be in a
safe environment, the court may order limited, supervised, or no visitation for
that parent.
West Virginia courts encourage parents to work
together to agree on a custody and visitation schedule before asking the judge
to make an order. The court is more likely to accept a proposed parenting plan if
it shows that the child will have significant contact with both parents, if it
provides a method for resolving parenting disputes, and if it accounts for the
child's school, religious, and extracurricular activities. Parents should
decide which parent the child will be with during the school week, on weekends,
and holidays. Examples of visitation schedules include alternate weekends and
midweek visits with the noncustodial parent, alternating weeks with each
parent, or spending the first part of the week with one parent and the second
part with the other parent.
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