H. B. 2204
(By Delegate Huffman (By Request)
[Introduced February 19, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend chapter forty-eight of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article two-d, relating to
the joint custody of minor children.
Be it enacted by the Legislature of West Virginia:
That chapter forty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article two-d, to read
as follows:
ARTICLE 2D. JOINT CUSTODY OF MINOR CHILDREN.
§48-2D-1. Legislative findings and purpose.
It is the finding of the Legislature that it is in the best
interest of a minor child or children to have frequent and
continuing contact with both parents after the parents have
separated or dissolved their marriage and that it is in the
public interest to encourage both parents to share the rights and
responsibilities of child rearing. Therefore, it is the purposeof the Legislature to mandate joint custody of minor children
unless the separated or divorced parents agree otherwise or abuse
has been legally established against one of the parents.
§48-2D-2. Joint custody of minor children.
Notwithstanding anything contained in the provisions of
section fifteen, article two of this chapter as it applies to the
custody of minor children in actions for divorce, annulment and
separate maintenance, or unless the parents agree otherwise, or
if abuse has been legally established against one of the parents,
the court shall order joint legal and physical custody of a minor
child or children, with the actual residence of the child
alternating between the parents on a weekly, biweekly, monthly,
quarterly or yearly basis. Joint legal custody and joint
physical custody means that the child shall reside with one
parent during the school year and with the other parent during
the school summer vacation period and that holiday periods should
be divided as equitably as possible.
NOTE: The purpose of this bill is to provide that when
parents of minor children separate or divorce, preference will be
given to awarding joint custody of the children unless the
parents have agreed otherwise or there is some other compelling
reason not to approve joint custody.
Article two-d is new; therefore, strike-throughs and
underscoring have been omitted.