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W Va House Will Again Consider 50-50 Child Custody Law

West Virginia Legislative Photography The West Virginia House of Delegates is slated to consider another bill this year to reform child custody laws. House Bill 2363 creates a “Best Interests of the Child Protection Act,” requiring equal share of a child when parents first separate. The legislation outlines the process for a hearing, during which a judge would help create an official plan for shared custody. The bill lists a child’s wishes, a parent’s motivation, proximity to school and relationships with siblings as determining factors. No parent in this bill is allowed to have more than 65% of a child’s time, once a shared custody plan is created. The legislation makes exceptions for instances when a parent might be a danger to a child, with clear evidence of incompetence, abuse or neglect.

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