2022 West Virginia Code
Chapter 48. Domestic Relations
Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children
§48-9-207. Allocation of Significant Decision-Making Responsibility at Temporary or Final Hearing
(a) Unless otherwise resolved by agreement of the parents under 48-9-201 of this code, the court shall allocate responsibility for making significant life decisions on behalf of the child, including the childs education and health care, to one parent or to both parents jointly, in accordance with the childs best interest, in light of the ability or inability of the parents, based upon the evidence before the court, to work collaboratively and in cooperation with each other in decisionmaking on behalf of the child, and the existence of any criteria as set forth in 48-9-209 of this code.
(1) The level of each parents participation in past decision making on behalf of the child;
(2) The wishes of the parents; and
(3) The level of ability and cooperation the parents have demonstrated in decisionmaking on behalf of the child.
(b) If each of the childs parents has been exercising a reasonable share of the parenting functions for the child, there shall be a rebuttable presumption that an allocation of decision-making responsibility to both parents jointly is in the childs best interests. The presumption may be rebutted by a showing that joint allocation of decision-making responsibility is not in the childs best interest upon proof by a preponderance of the evidence of relevant factors under 48-9-209 of this code. The courts determination shall be in writing and include specific findings of fact supporting any determination that joint allocation of decision-making responsibility is not in the childs best interest.
(c) Unless otherwise agreed to by the parents or ordered by the court, each parent who is exercising custodial responsibility shall be given sole responsibility for day-to-day decisions for the child, while the child is in that parents care and control, including emergency decisions affecting the health and safety of the child.
