CHILD CUSTODY & VISITATION AGREEMENT
(West Virginia – Parenting Plan)
[// GUIDANCE: This template is drafted to comply with West Virginia family-law standards (Title 48, W. Va. Code) while remaining customizable for individual client needs. Practitioners should review local rules of the presiding Family Court for additional procedural requirements before filing.]
TABLE OF CONTENTS
- Article I – Document Header
- Article II – Definitions
- Article III – Custody & Parenting Time (Operative Provisions)
- Article IV – Representations & Warranties
- Article V – Covenants & Restrictions
- Article VI – Default & Remedies
- Article VII – Risk Allocation
- Article VIII – Dispute Resolution
- Article IX – General Provisions
- Article X – Execution Block
ARTICLE I – DOCUMENT HEADER
1.1 Title. This Child Custody & Visitation Agreement (the “Agreement”) is entered into by and between [PARENT A FULL NAME] (“Parent A”) and [PARENT B FULL NAME] (“Parent B,” and together with Parent A, the “Parents”).
1.2 Effective Date. This Agreement becomes effective on [EFFECTIVE DATE] (the “Effective Date”) upon approval and incorporation into a final parenting order by the Family Court of [COUNTY], West Virginia (the “Court”).
1.3 Jurisdiction & Governing Law. The Parents acknowledge and agree that the Court retains exclusive, continuing jurisdiction over all custody matters relating to the Minor Child(ren) pursuant to West Virginia family law.
1.4 Recitals.
(a) The Parents are the natural and legal parents of the following minor child(ren) (each a “Child,” collectively the “Children”):
• [CHILD 1 FULL NAME], born [DOB]
• [CHILD 2 FULL NAME], born [DOB]
(b) It is the Parents’ mutual intent to establish a comprehensive parenting plan that promotes stability, respects the Child(ren)’s developmental needs, and satisfies the statutory “best interest” factors mandated under West Virginia law.
(c) The Parents have voluntarily negotiated the terms herein in consideration of their mutual promises, covenants, and undertakings.
ARTICLE II – DEFINITIONS
For purposes of this Agreement, the following terms have the meanings set forth below. Capitalized terms used but not defined herein have the meanings ascribed elsewhere in the Agreement.
“Alternate Dispute Resolution” or “ADR” – Mediation or other non-judicial process permitted under Article VIII.
“Best Interest Factors” – The statutory criteria the Court must evaluate to determine custody arrangements, including but not limited to emotional bonds, parenting fitness, developmental needs, and continuity of care.
“Legal Custody” – The authority to make major decisions concerning a Child’s health, education, and welfare.
“Parenting Time” – Specific periods when a Child is in the physical care of a Parent, inclusive of regular, holiday, vacation, and special-event schedules.
“Primary Residential Parent” – The Parent with whom a Child resides for the majority of overnights in a calendar year.
“Relocation” – A change in a Parent’s residence that would (i) impair the other Parent’s ability to exercise Parenting Time as set forth herein, or (ii) exceed [X] miles from [CURRENT RESIDENCE CITY/ZIP], whichever is less.
“Right of First Refusal” – A Parent’s right to care for a Child during the other Parent’s absence in excess of [HOURS] consecutive hours, before third-party childcare is engaged.
ARTICLE III – CUSTODY & PARENTING TIME (OPERATIVE PROVISIONS)
3.1 Allocation of Legal Custody. The Parents shall share joint Legal Custody of the Child(ren), requiring mutual consent on all major decisions regarding education (including individualized education plans), non-emergency health care, religious upbringing, and extracurricular activities. In the event of impasse, the dispute-resolution process in Section 8.2 applies.
3.2 Residential Schedule.
(a) School-Year Schedule.
• Weekdays: The Child(ren) shall reside with [WEEKDAY PARENT] from [DAY/TIME] until [DAY/TIME].
• Weekends: The Child(ren) shall reside with [WEEKEND PARENT] from [DAY/TIME] Friday until [DAY/TIME] Sunday.
(b) Holiday Schedule. Holiday parenting time supersedes the regular schedule. The Parties shall alternate the following holidays annually, commencing with [ODD/EVEN]-numbered years for Parent A (Parent B receives the alternate year):
1. New Year’s Day
2. Easter
3. Memorial Day Weekend
4. Independence Day
5. Labor Day Weekend
6. Thanksgiving
7. Christmas Eve & Christmas Day (split 24-hour periods)
(c) School Breaks & Summer Vacation. Each Parent shall have [NUMBER] consecutive weeks of uninterrupted summer Parenting Time, with selection priority alternating yearly beginning [YEAR] with Parent A.
3.3 Transportation & Exchanges.
(a) Pick-up/drop-off shall occur at [LOCATION] unless otherwise agreed in writing [METHOD OF COMMUNICATION] [X] hours in advance.
(b) The Parent beginning a Parenting Time period shall provide transportation.
3.4 Communication.
(a) Telephone/Video. The non-custodial Parent may communicate with the Child(ren) via [DEVICE/APP] between [START TIME] and [END TIME] daily.
(b) Co-Parenting Platform. The Parents shall utilize [NAME OF APP/WEBSITE] for all non-emergency scheduling and information exchange.
3.5 Right of First Refusal. If a Parent is unable to personally care for a Child for a period greater than the threshold stated in Article II, that Parent shall promptly offer the Parenting Time to the other Parent before arranging third-party care, unless impracticable due to emergency or mutual written waiver.
3.6 Relocation.
(a) Notice. A Parent seeking Relocation must provide the other Parent and the Court with written notice at least [60/90] days prior to the proposed move, detailing the new address, reasons for Relocation, and a proposed revised parenting plan.
(b) Objection. The non-relocating Parent must file any objection within [30] days of receipt. The Court will evaluate Relocation requests under the “best interest” standard, factoring statutory criteria and impact on the existing Parenting Time schedule.
3.7 Child Support. Child support shall be determined under the West Virginia Child Support Guidelines in a separate order (the “Support Order”); however, failure to pay support is not a basis to withhold Parenting Time.
3.8 Health Insurance & Uncovered Expenses.
(a) Parent [A/B] shall maintain primary medical, dental, and vision coverage.
(b) Uninsured expenses shall be allocated [PERCENTAGE SPLIT], payable within [30] days of documented request.
ARTICLE IV – REPRESENTATIONS & WARRANTIES
4.1 Authority. Each Parent represents that he or she has the full legal right, power, and authority to enter into and perform this Agreement.
4.2 Disclosure. Each Parent warrants that he or she has disclosed all material information concerning any criminal charges, domestic violence protective orders, substance-abuse issues, or other matters affecting fitness to parent.
4.3 Compliance With Other Orders. The Parents represent that no other court order currently conflicts with the provisions herein.
4.4 Survival. The representations and warranties contained in this Article survive the Effective Date and remain in effect until the Child(ren) reach majority or the Court orders otherwise.
ARTICLE V – COVENANTS & RESTRICTIONS
5.1 Non-Interference. Neither Parent shall interfere with the other’s parenting rights, including the scheduling of reasonable extracurricular or social activities during that Parent’s Parenting Time.
5.2 No Disparagement. Each Parent shall refrain from disparaging the other Parent in the presence or hearing of the Child(ren).
5.3 Access to Records. Consistent with W. Va. Code, both Parents shall have equal rights to educational, medical, dental, and other pertinent records absent a contrary Court order.
5.4 Substance Use. Neither Parent shall consume alcohol or non-prescribed controlled substances during Parenting Time or within [X] hours prior thereto.
5.5 Firearms & Safety. Firearms shall be stored unloaded, locked, and separate from ammunition; both Parents shall comply with all applicable firearm-safety laws.
ARTICLE VI – DEFAULT & REMEDIES
6.1 Events of Default. A Parent is in default if he or she:
(a) Wrongfully withholds a Child from the other Parent;
(b) Unreasonably denies required information;
(c) Violates a material provision of Articles III or V.
6.2 Notice & Cure. The non-defaulting Parent must provide written notice specifying the default and allow [72] hours to cure, unless immediate Court intervention is necessary to protect the Child(ren)’s welfare.
6.3 Remedies.
(a) Compensatory Parenting Time equivalent to the missed period, scheduled within [90] days.
(b) Contempt Sanctions as the Court deems appropriate.
(c) Attorney Fees & Costs to the substantially prevailing Parent.
ARTICLE VII – RISK ALLOCATION
7.1 Indemnification – Child Welfare Priority. Each Parent (the “Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Parent (the “Indemnified Parent”) from and against any claims, damages, or liabilities arising from the Indemnifying Parent’s breach of safety-related obligations or violations of law during his or her Parenting Time.
7.2 Limitation of Liability. No limitation of liability applies to matters involving child abuse, neglect, or willful misconduct.
7.3 Force Majeure. Parenting Time obligations may be temporarily suspended due to events rendering performance impossible (e.g., natural disasters, pandemics, governmental orders). The Parents shall cooperate in scheduling equivalent make-up time at the earliest safe opportunity.
ARTICLE VIII – DISPUTE RESOLUTION
8.1 Continuing Jurisdiction. The Court retains exclusive jurisdiction for custody modifications and enforcement.
8.2 Mediation Requirement. Except in emergencies affecting the Child(ren)’s safety, any dispute regarding interpretation or implementation of this Agreement shall first be submitted to mediation with a certified family mediator within [15] days of notice. If mediation fails after [X] hours of good-faith effort, either Parent may petition the Court.
8.3 Arbitration. Consistent with “limited availability” metadata and public-policy constraints, arbitration is not available for custody or visitation issues, but may be elected by written agreement solely for ancillary property or financial disputes.
8.4 Injunctive Relief. Nothing herein limits either Parent’s right to seek immediate injunctive relief from the Court for matters involving imminent harm or custody-modification exigencies.
ARTICLE IX – GENERAL PROVISIONS
9.1 Amendment & Waiver. No amendment or waiver is effective unless (a) executed in writing by both Parents, and (b) approved by the Court. No waiver of a breach operates as a waiver of any subsequent breach.
9.2 Assignment. Parenting rights and obligations are personal to each Parent and may not be assigned or delegated.
9.3 Successors. This Agreement binds each Parent’s heirs, legal representatives, and permitted assigns.
9.4 Severability. If any provision is deemed invalid, the remaining provisions remain enforceable, and the invalid provision shall be reformed to the minimum extent necessary to achieve the original intent.
9.5 Integration. This Agreement constitutes the entire understanding of the Parents on the subject matter and supersedes any prior oral or written agreements.
9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original. Electronic signatures are valid and binding to the fullest extent permitted by law.
ARTICLE X – EXECUTION BLOCK
IN WITNESS WHEREOF, the Parents execute this Child Custody & Visitation Agreement as of the Effective Date.
| Parent A | Parent B |
|---|---|
| _______ | _______ |
| [PARENT A FULL NAME] | [PARENT B FULL NAME] |
| Date: _______ | Date: _______ |
ACKNOWLEDGMENT & NOTARIZATION
State of West Virginia
County of [COUNTY]
This instrument was acknowledged before me on [DATE] by [PARENT A FULL NAME] and [PARENT B FULL NAME].
Notary Public
My Commission Expires: //____
[// GUIDANCE: Verify local notary requirements; some WV counties also require one disinterested witness. Attach exhibits (e.g., detailed calendars) as needed. File executed Agreement with the Clerk to obtain judicial approval and incorporation into a final order.]