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2024 West Virginia Code
Chapter 48. Domestic Relations
Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children
§48-9-102a. Presumption in Favor of Equal (50-50) Custodial Allocation
Universal Citation:
WV Code § 48-9-102a (2024)
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There shall be a presumption, rebuttable by a preponderance of the evidence, that equal (50-50) custodial allocation is in the best interest of the child. If the presumption is rebutted, the court shall, absent an agreement between the parents as to all matters related to custodial allocation, construct a parenting time schedule which maximizes the time each parent has with the child and is consistent with ensuring the childs welfare.
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