W. Va. Code » §48-9-101. Scope of article; legislative findings and declarations.
West Virginia Code

W. Va. Code § 48-9-101 (2026)

Scope of article; legislative findings and declarations

✓ current as of May 2026
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ARTICLE 9. ALLOCATION OF CUSTODIAL RESPONSIBILITY AND DECISION-MAKING RESPONSIBILITY OF CHILDREN.

PART 1. SCOPE; OBJECTIVES; PARTIES

AND PARENT EDUCATION CLASSES.

§48-9-101. Scope of article; legislative findings and declarations.

(a) This article sets forth principles governing the allocation of custodial and decision-making responsibility for a minor child when the parents do not live together.

(b) The Legislature finds and declares that it is the public policy of this state to assure that the best interest of children is the court's primary concern in allocating custodial and decision-making responsibilities between parents who do not live together. In furtherance of this policy, the Legislature declares that a child's best interest will be served by assuring that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children, to educate parents on their rights and responsibilities and the effect their separation may have on children, to encourage mediation of disputes, and to encourage parents to share in the rights and responsibilities of rearing their children after the parents have separated or divorced.

Notes of Decisions
Cited in 26 cases (10 in the last 5 years), 2002–2026 · leading case: Clifford K. v. Paul S., 619 S.E.2d 138 (W. Va. 2005).
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Clifford K. v. Paul S., 619 S.E.2d 138 (W. Va. 2005). · cites it 12× “Nonetheless, as we have alluded to throughout the course of this opinion, the case we presently have before us does not comport with the usual facts attending a custodial determination under W. Va.Code § 48-9-101, et seq. Consequently, we hold that, in exceptional cases and…”
Skidmore v. Rogers, 725 S.E.2d 182 (W. Va. 2011). · cites it 4× “W. Va.Code §§ 48-9-101, -402, -403 & -404.”
In Re Abbigail Faye B., 665 S.E.2d 300 (W. Va. 2008). · cites it 4× “, "set[] forth principles governing the allocation of custodial and decision-making responsibility for a minor child when the parents do not live together.” W. Va.Code § 48-9-101 (a) (2001) (Repl.”
In re Hunter H., 744 S.E.2d 228 (W. Va. 2013). · cites it 3× “See generally W. Va.Code §§ 48-9-101 to -604 (2009 & Supp.”
Tevya W. v. Elias Trad V., 712 S.E.2d 786 (W. Va. 2011). · cites it 4× “It is the "public policy of this State to assure that the best interest of children is the court's primary concern in allocating custodial and decision-making responsibilities between parents who do not live together.”
State ex rel. West Virginia Dep't of Health & Human Resources v. Ruckman, 674 S.E.2d 229 (W. Va. 2009). · cites it 4× “W.Va.Code § 48-9-101(a) (2001) (Repl.Vol.”
Andrea H. v. Jason R.C., 745 S.E.2d 204 (W. Va. 2013). · cites it 2× “]” W. Va.Code § 48-9-101 (2001) (Repl. Vol. 2009).”
Marriage of Misty D.G. v. Rodney L. F., 650 S.E.2d 243 (W. Va. 2007). · cites it 2× “In furtherance of this policy, the Legislature declares that a child’s best interest will be served by assuring that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children, to educate parents on…”
Amanda A. v. Kevin T., 751 S.E.2d 757 (W. Va. 2013). “The standards for determining the best interests of a child are addressed in West Virginia Code § 48-9-101(b) (2009): [T]he Legislature declares that a child’s best interest will be served by assuring that minor children have frequent and continuing contact with parents who have…”
In Re Jason S., 637 S.E.2d 583 (W. Va. 2006). · cites it 2× “In furtherance of this policy, the Legislature declares that a child’s best interest will be served by assuring that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children, to educate parents on…”
State Ex Rel. Dept. of Health & Human Resources v. Ruckman, 674 S.E.2d 229 (W. Va. 2009). · cites it 4× “W.Va.Code § 48-9-101(a) (2001) (Repl.Vol.”
Sylvia L. v. Gerald P., Jr., No. 24-ica-332 (Apr. 29, 2025). · cites it 4× “See W. Va. Code § 48-9-101 (b) (2001).3 Mother maintains that it is not in the children’s best interest for Father to have complete autonomy over her parenting time because it results in her being at Father’s mercy to have any visitation or meaningful contact with the children.”
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W. Va. Code § 48-9-101(a): 2 cases
State ex rel. West Virginia Dep't of Health & Human Resources v. Ruckman, 674 S.E.2d 229 (W. Va. 2009). “W.Va.Code § 48-9-101(a) (2001) (Repl.Vol.”
State Ex Rel. Dept. of Health & Human Resources v. Ruckman, 674 S.E.2d 229 (W. Va. 2009). “W.Va.Code § 48-9-101(a) (2001) (Repl.Vol.”
W. Va. Code § 48-9-101(b): 13 cases
Clifford K. v. Paul S., 619 S.E.2d 138 (W. Va. 2005). “Nonetheless, as we have alluded to throughout the course of this opinion, the case we presently have before us does not comport with the usual facts attending a custodial determination under W. Va.Code § 48-9-101, et seq. Consequently, we hold that, in exceptional cases and…”
Skidmore v. Rogers, 725 S.E.2d 182 (W. Va. 2011). “W. Va.Code §§ 48-9-101, -402, -403 & -404.”
Tevya W. v. Elias Trad V., 712 S.E.2d 786 (W. Va. 2011). “It is the "public policy of this State to assure that the best interest of children is the court's primary concern in allocating custodial and decision-making responsibilities between parents who do not live together.”
In re Hunter H., 744 S.E.2d 228 (W. Va. 2013). “See generally W. Va.Code §§ 48-9-101 to -604 (2009 & Supp.”
Marriage of Misty D.G. v. Rodney L. F., 650 S.E.2d 243 (W. Va. 2007). “In furtherance of this policy, the Legislature declares that a child’s best interest will be served by assuring that minor children have frequent and continuing contact with parents who have shown the ability to act in the best interest of their children, to educate parents on…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.