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Home » US Law » 2022 West Virginia Code » Chapter 48. Domestic Relations » Article 9. Allocation of Custodial Responsibility and Decision-Making Responsibility of Children

§48-9-401. Modification Upon Showing of Changed Circumstances or Harm

(a) Except as provided in 48-9-402 or 48-9-403 of this code, a court shall modify a parenting plan order if it finds, on the basis of facts that were not known or have arisen since the entry of the prior order and were not anticipated in the prior order, that a substantial change has occurred […]

§48-9-402. Modification Without Showing of Changed Circumstances

(a) The court shall modify a parenting plan in accordance with a parenting agreement, unless it finds that the agreement is not knowing and voluntary or that it would be harmful to the child. (b) The court may modify any provisions of the parenting plan without the showing of the changed circumstances required by 48-9-401(a) […]

§48-9-403. Relocation of a Parent

48-9-403. Relocation of a parent. (a) The relocation of a parent constitutes a substantial change in the circumstances of the child under 48-9-401(a) of this code when it impairs either parents ability to exercise responsibilities that the parent has been exercising, or when it impairs the schedule of custodial allocation that has been ordered by […]

§48-9-501. Enforcement of Parenting Plans

§48-9-501. Enforcement of parenting plans. (a) If, upon a parental complaint, the court finds a parent intentionally and without good cause violated a provision of the court-ordered parenting plan, it shall enforce the remedy specified in the plan or, if no remedies are specified or they are clearly inadequate, it shall find the plan has […]

§48-9-601. Access to a Child S Records

48-9-601. Access to a childs records. (a)(1) Each parent has full and equal access to a childs educational records absent a court order to the contrary. Neither parent may veto the access requested by the other parent. Educational records are academic, attendance and disciplinary records of public and private schools in all grades pre-kindergarten through […]

§48-9-603. Effect of Enactment; Operative Dates

(a) The amendments to this chapter enacted during the 2022 regular session of the Legislature shall become applicable upon the effective date of those amendments. Any order entered prior to the effective date of those amendments remains in full force and effect until modified by a court of competent jurisdiction. (b) The amendments to this […]

§48-9-604. Parent Education and Mediation Fund

There is hereby created in the state Treasury a special revenue account, designated the "parent education and mediation fund." The moneys of the fund shall be expended by the administrator of the Supreme Court of Appeals for parent education and mediation programs.