According to West Virginia law, both parents have the right to spend time with and make decisions for their children, regardless of their marital status. These rights include visitation and custody. The goal of the court is to ensure that children have a close and meaningful relationship with both parents.
If a child's parents are not married or are separated, the court may establish a visitation schedule that is in the best interests of the child. This schedule may vary depending on the child's age, the parents' work schedules, and other relevant factors. The court may also order the parents to participate in mediation or counseling to help resolve any disputes related to visitation.
In determining a visitation schedule, the court will consider several factors, including:
- The child's age and development
- The child's relationship with each parent
- The parents' parenting skills
- The parents' work schedules and living situations
- Any history of domestic violence or child abuse
In general, the court will order a visitation schedule that allows the child to spend regular and meaningful time with both parents. However, the child's best interests are always the top priority, and the court may deviate from a typical schedule if necessary.
Visitation schedules can be modified as circumstances change. If one parent believes that the current visitation schedule is no longer in the child's best interests, they can file a motion with the court to modify the schedule. The court will then consider any new evidence and determine whether a change is necessary.
