Domestic Violence and West Virginia Family Court

Custody Framework

When determining child custody, courts focus on the child's best interests, prioritizing their safety, stability, and well-being. The framework evaluates the capacity of each parent to provide a nurturing environment, including their mental and physical health, history of caregiving, and the ability to foster positive relationships.

Raising Domestic Violence (DV) Concerns

If you have concerns about domestic violence affecting custody or visitation, it is important to raise these concerns early with the court and your attorney. Providing detailed evidence or records of abuse helps the court understand the risks to both the child and the survivor, ensuring protective measures are considered.

Support and resources are available throughout this process, including expert guidance at dv.support.

What Judges May Consider

Judges consider various factors including the presence and nature of any domestic violence, the potential risk to the child and parent, each parent's willingness to cooperate with protective orders, and the child’s own wishes when appropriate. The emphasis remains on creating a safe and stable environment for the child.

When Supervised Visitation Is Used

Supervised visitation is often ordered when there are concerns about domestic violence or safety risks during contact. A neutral third party oversees the visits to ensure the child's protection while maintaining the parent-child relationship. This can be a temporary or longer-term arrangement based on the court’s assessment.