TEMPORARY ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY

STATE OF WEST VIRGINIA

IN THE FAMILY COURT OF [________________________________] COUNTY

Case No.: [____]-FC-[________]

[________________________________], Petitioner

v.

[________________________________], Respondent

NATURE OF THIS AGREEMENT

This Temporary Allocation of Custodial Responsibility ("Temporary Agreement") establishes interim custodial and decision-making arrangements for the child(ren) named below pending resolution of a permanent parenting plan. Under West Virginia law (W. Va. Code § 48-9-203), the Family Court may enter a temporary order allocating custodial responsibility at any time after filing of a petition for divorce, separate maintenance, paternity, or custodial allocation.

This is a temporary arrangement. It does not constitute a final allocation of custodial responsibility and does not establish a presumption for the permanent parenting plan. The temporary order remains in effect until entry of a permanent parenting plan order by the Family Court.

Type of Temporary Arrangement:
☐ Stipulated Agreement Between Parents (submitted jointly for Court approval)
☐ Proposed Temporary Parenting Plan by ☐ Petitioner ☐ Respondent (pursuant to W. Va. Code § 48-9-203)
☐ Temporary Delegation of Custodial Authority to Non-Parent (e.g., grandparent, relative)
☐ Emergency Temporary Order (based on immediate risk to child — § 48-9-209)

Underlying Proceeding:
☐ Divorce (W. Va. Code Art. 48-5)
☐ Paternity / Parentage
☐ Petition for Allocation of Custodial Responsibility
☐ Domestic Violence Protective Order proceeding (W. Va. Code Art. 48-27)
☐ Other: [________________________________]

Date of Filing of Underlying Petition: [__/__/____]

I. IDENTIFICATION OF PARTIES AND CHILD(REN)

A. Parents / Parties

Petitioner:
Name: [________________________________]
Address: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]

Respondent:
Name: [________________________________]
Address: [________________________________]
County: [________________________________]
Telephone: [________________________________]
Email: [________________________________]
Employer: [________________________________]

Third-Party Temporary Custodian (if applicable):
Name: [________________________________]
Relationship to child(ren): [________________________________]
Address: [________________________________]
Telephone: [________________________________]

B. Minor Child(ren)

II. PARENT EDUCATION STATUS

West Virginia law (W. Va. Code § 48-9-104; Rule 37) requires both Parents to complete the "Children in Between" parent education course ($25.00 per parent; online at The Center for Divorce Education) and file a certificate of completion with the Circuit Clerk before mediation or the final hearing, whichever comes first. The temporary order may be entered before completion, but compliance must be achieved before the permanent hearing.

Petitioner: ☐ Completed [__/__/____] ☐ Certificate filed ☐ In progress ☐ Fee waived
Respondent: ☐ Completed [__/__/____] ☐ Certificate filed ☐ In progress ☐ Fee waived

III. REASON FOR TEMPORARY ARRANGEMENT

The Parents / Parties state that a temporary allocation of custodial responsibility is necessary because:

☐ Divorce proceedings have been filed and no custodial order currently exists.
☐ Paternity / parentage has been established or is pending, and no custodial order exists.
☐ The Parents have physically separated and require an interim schedule for the child(ren).
☐ A Parent has relocated or intends to relocate, and an interim arrangement is needed pending the relocation hearing under W. Va. Code § 48-9-403.
☐ Limiting factors under W. Va. Code § 48-9-209 require immediate protective measures:
☐ Domestic violence ☐ Substance abuse ☐ Child abuse/neglect ☐ Other: [________________________________]
☐ A Parent is temporarily unavailable due to:
☐ Military deployment ☐ Incarceration ☐ Hospitalization/medical treatment ☐ Extended work assignment
☐ Other: [________________________________]
☐ Emergency circumstances requiring immediate Court intervention: [________________________________]
☐ Other: [________________________________]

IV. TEMPORARY ALLOCATION OF CUSTODIAL RESPONSIBILITY

A. Temporary Custodial Schedule

The Parents agree, or the Court orders, the following temporary allocation:

☐ Equal (50/50) Temporary Custodial Allocation — consistent with the presumption under W. Va. Code § 48-9-206:

Schedule: [________________________________]

☐ Majority Custodial Time to [________________________________]:

Primary custodial schedule:
[________________________________]

Other Parent's custodial time:
[________________________________]

☐ Temporary Custodial Responsibility to Non-Parent:

[________________________________] ("Temporary Custodian") shall have temporary physical custody of the child(ren) at [________________________________] for the duration of this Temporary Agreement.

The Parent(s) shall have the following contact with the child(ren):
[________________________________]

B. Specific Weekly Schedule (if applicable)

C. Holiday Schedule During Temporary Period

☐ The regular schedule shall continue during holidays without modification.

☐ The following holiday arrangements shall apply during the temporary period:

D. Exchanges

Location: ☐ School ☐ Neutral public location: [________________________________] ☐ Parent's residence ☐ Supervised exchange site: [________________________________]

Transportation: ☐ Receiving parent picks up ☐ Delivering parent drops off ☐ Shared ☐ Third party: [________________________________]

V. TEMPORARY DECISION-MAKING RESPONSIBILITY

A. Allocation

During the temporary period, decision-making responsibility for major decisions shall be allocated as follows:

☐ Jointly to both Parents — both Parents must agree on major decisions after good-faith consultation.

☐ Solely to [________________________________] — based on:
☐ Limiting factors under § 48-9-209
☐ Parents' inability to cooperate
☐ Agreement of the Parents
☐ Other: [________________________________]

☐ To the Temporary Custodian for the following categories (Parent retains authority for all others):
☐ Routine medical/dental care (with notification to Parent)
☐ Emergency medical care (with immediate notification to Parent)
☐ School-related decisions during the school day
☐ Other: [________________________________]

B. Day-to-Day Decisions

Each person exercising custodial responsibility shall have sole authority for day-to-day decisions during their custodial time, including meals, bedtime, homework, and emergency medical decisions (with prompt notification to the other Parent).

C. Decisions Requiring Court Approval During Temporary Period

During the temporary period, neither Parent shall, without written consent of the other Parent or Court approval:

• Relocate the child(ren) outside [________________________________] County (or outside West Virginia)
• Withdraw the child(ren) from their current school
• Obtain a passport for the child(ren)
• Make elective medical decisions (non-emergency surgery, etc.)
• Change the child(ren)'s legal name
• Remove the child(ren) from the jurisdiction for more than [____] days

VI. TEMPORARY PROTECTIVE PROVISIONS (IF APPLICABLE)

☐ This Section does not apply.

☐ The following temporary protections are ordered based on limiting factors (W. Va. Code § 48-9-209):

A. Domestic Violence Protections

☐ A Domestic Violence Protective Order (DVPO) is in effect: Case No. [________________________________]
☐ No direct contact between Parents — communication restricted to:
☐ Written form (email/text) only ☐ Co-parenting app ☐ Through attorneys
☐ Exchange through intermediary: [________________________________]
☐ Exchange at protected location: [________________________________]
☐ [________________________________] shall not approach within [____] feet of the other Parent's residence.
☐ Other: [________________________________]

B. Substance Abuse Protections

☐ [________________________________] shall not consume alcohol within [____] hours of custodial time.
☐ [________________________________] shall submit to random drug/alcohol screening.
☐ Positive test results shall trigger: ☐ Immediate suspension of custodial time ☐ Conversion to supervised custodial time ☐ Other: [________________________________]
☐ [________________________________] shall complete substance abuse assessment by [__/__/____].

C. Supervised Custodial Time

☐ Custodial time for [________________________________] shall be supervised:
- Supervisor: ☐ Professional program ☐ Named individual: [________________________________]
- Frequency: [________________________________]
- Location: [________________________________]
- Duration per visit: [________________________________]
- Cost: ☐ Supervised parent ☐ Shared ☐ Other: [________________________________]

D. Mutual Restraining Provisions

☐ Neither Parent shall:
- Remove the child(ren) from the State of West Virginia without written consent or Court order
- Destroy, hide, or dissipate marital property
- Cancel or modify existing insurance policies covering the child(ren)
- Incur extraordinary debt
- Harass, threaten, or intimidate the other Parent

VII. TEMPORARY DELEGATION TO NON-PARENT (IF APPLICABLE)

☐ This Section does not apply — both Parents will exercise custodial responsibility.

☐ Temporary custodial responsibility is delegated to a non-parent:

A. Temporary Custodian

Name: [________________________________]
Relationship: ☐ Grandparent ☐ Aunt/Uncle ☐ Sibling ☐ Other: [________________________________]
Address: [________________________________]

B. Scope of Authority

The Temporary Custodian is authorized to:

☐ Enroll the child(ren) in school and communicate with school officials
☐ Consent to routine medical and dental care
☐ Consent to emergency medical treatment
☐ Apply for public benefits on behalf of the child(ren)
☐ Other: [________________________________]

The following decisions require the Parent's prior approval:
☐ Non-emergency medical procedures and specialist referrals
☐ Mental health treatment
☐ Changes in school enrollment
☐ Travel outside West Virginia
☐ All major decisions

C. Power of Attorney

☐ A separate Power of Attorney for Minor Child has been executed and filed.
☐ A Caregiver Authorization Affidavit has been executed.

D. Parent's Continued Rights

The Parent retains all legal parental rights not expressly delegated herein. This delegation does not constitute abandonment, relinquishment, or termination of parental rights.

E. Parent Contact During Delegation

The Parent shall have the following contact with the child(ren):
☐ In-person visits: [________________________________]
☐ Phone/video calls: [________________________________]
☐ The Temporary Custodian shall provide weekly updates to the Parent regarding the child(ren)'s health, welfare, and activities.

VIII. COMMUNICATION AND INFORMATION

8.1 Parent-to-Parent Communication

Parents shall communicate regarding the child(ren) through:
☐ Direct phone/text ☐ Email ☐ Co-parenting app: [________________________________]
☐ Through attorneys only (if protective order or extreme conflict exists)

8.2 Non-Disparagement

Neither Parent shall make disparaging remarks about the other Parent in the child(ren)'s presence. Neither Parent shall discuss the legal proceedings with the child(ren) or use the child(ren) as messengers.

8.3 Emergency Notification

Each Parent shall notify the other within [____] hours of any emergency, serious illness, injury, or hospitalization of the child(ren), and of any involvement with law enforcement or DHHR.

8.4 Address and Contact Changes

Each Parent shall notify the other and the Court within [____] days of any change of address, telephone number, or email.

IX. TEMPORARY FINANCIAL PROVISIONS

9.1 Health Insurance

☐ [________________________________] shall maintain existing health insurance for the child(ren).
☐ Neither Parent shall cancel or modify existing insurance coverage during the temporary period.

9.2 Temporary Child Support

☐ Temporary child support shall be addressed in a separate order under W. Va. Code Art. 48-13 and the WV Child Support Guidelines.
☐ [________________________________] shall pay temporary child support of $[________________________________] per month to [________________________________], due on the [____] day of each month.
☐ No temporary child support is ordered at this time.

9.3 Child-Related Expenses

During the temporary period:
- Unreimbursed medical expenses: ☐ Shared equally ☐ Other: [________________________________]
- School-related expenses: ☐ Shared equally ☐ Paid by [________________________________]
- Extracurricular activity costs already committed: ☐ Shared equally ☐ Paid by [________________________________]
- Childcare/daycare: ☐ Shared equally ☐ Paid by [________________________________]

X. DURATION AND TERMINATION

10.1 Duration

This Temporary Agreement shall remain in effect from [__/__/____] until the earliest of:

☐ Entry of a permanent parenting plan order by the Family Court
☐ [__/__/____] (specific end date), unless extended by Court order
☐ Mutual written agreement of the Parents filed with the Court
☐ Further order of the Court

10.2 Effect on Permanent Proceedings

This Temporary Agreement and any temporary order entered herein:
- Shall not prejudice either Parent's position in the permanent proceeding
- Shall not establish a presumption regarding the permanent allocation
- Shall not be used as evidence of either Parent's fitness or unfitness except as to compliance with this Agreement

10.3 Status Conference

☐ The Family Court shall conduct a status conference on [__/__/____] to review the temporary arrangement and the progress of the underlying proceeding.
☐ Not applicable.

10.4 Transition to Permanent Order

When a permanent parenting plan is entered, the Parents shall cooperate to transition the child(ren) to the permanent schedule within [____] days, unless the permanent order specifies a different transition period.

XI. ENFORCEMENT

11.1 Contempt

Violation of this Temporary Agreement, once incorporated into a Family Court temporary order, is enforceable by contempt proceedings.

11.2 Emergency Relief

Either Parent may seek emergency relief from the Family Court at any time if the child(ren)'s health, safety, or welfare is at risk.

11.3 Law Enforcement Assistance

If a Parent fails to return the child(ren) pursuant to this Agreement and a Court order has been entered, the other Parent may seek law enforcement assistance to enforce the order.

XII. EXECUTION

We, the undersigned, submit this Temporary Agreement to the Family Court of [________________________________] County, West Virginia, and request that it be approved and entered as a Temporary Order.

PETITIONER:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

RESPONDENT:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

TEMPORARY CUSTODIAN (if applicable):

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

ATTORNEY FOR PETITIONER (if applicable):

[________________________________], WVSB # [________]
[________________________________] (Firm)
[________________________________] (Address / Phone)

ATTORNEY FOR RESPONDENT (if applicable):

[________________________________], WVSB # [________]
[________________________________] (Firm)
[________________________________] (Address / Phone)

TEMPORARY ORDER OF THE FAMILY COURT

STATE OF WEST VIRGINIA
FAMILY COURT OF [________________________________] COUNTY

Case No. [____]-FC-[________]

The Court, having reviewed the Temporary Agreement / Proposed Temporary Parenting Plan, and having conducted a hearing on [__/__/____], FINDS:

1. The Court has jurisdiction under W. Va. Code Art. 48-9 and the UCCJEA (W. Va. Code Art. 48-20).
2. Temporary custodial allocation is necessary pending resolution of the permanent proceeding.
3. ☐ This is a stipulated agreement of both Parents.
   ☐ After hearing, the Court finds the temporary allocation below serves the child(ren)'s best interests.
4. ☐ Limiting factors under W. Va. Code § 48-9-209 exist, and protective provisions are included.
   ☐ No limiting factors are present.

IT IS THEREFORE TEMPORARILY ORDERED:

1. Custodial responsibility is allocated as set forth in Section IV of the Temporary Agreement.
2. Decision-making responsibility is allocated as set forth in Section V.
3. The protective provisions in Section VI ☐ are ☐ are not imposed.
4. ☐ Temporary child support is ordered as follows: [________________________________]
5. Neither Parent shall remove the child(ren) from the State of West Virginia without written consent of the other Parent or further order of this Court.
6. Both Parents shall complete parent education (W. Va. Code § 48-9-104) by [__/__/____].
7. This Temporary Order remains in effect until entry of a permanent parenting plan order or further order of this Court.
8. ☐ A status conference is scheduled for [__/__/____] at [____] in the Family Court of [________________________________] County.

IT IS SO ORDERED.

Date: [__/__/____]

[________________________________]
Family Court Judge
[________________________________] County, West Virginia

SOURCES AND REFERENCES

• W. Va. Code Art. 48-9: Allocation of Custodial Responsibility and Decision-Making Responsibility — WV Legislature
• W. Va. Code § 48-9-203: Proposed Temporary Parenting Plan; Temporary Order
• W. Va. Code § 48-9-206: Allocation of Custodial Responsibility (50/50 Presumption, SB 463)
• W. Va. Code § 48-9-207: Decision-Making Responsibility
• W. Va. Code § 48-9-209: Limiting Factors
• W. Va. Code § 48-9-104: Parent Education Requirement
• W. Va. Code § 48-5-508: Temporary Relief in Divorce
• W. Va. Code § 48-27-101 et seq.: Domestic Violence Prevention and Treatment Act
• W. Va. Code Art. 48-13: Child Support Guidelines
• W. Va. Code Art. 48-20: UCCJEA
• Rules of Practice and Procedure for Family Court — WV Judiciary
• Family Court Forms — WV Judiciary
• Parent Education — WV Judiciary
• Legal Aid WV, "Parenting Plan for Child Custody Cases in West Virginia" — Legal Aid WV
• Legal Aid WV, "Navigating West Virginia's New Custody Law" — Legal Aid WV