ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2678


(By Delegates Amores, Doyle, Jenkins and Yeager)


[Passed March 13, 1999; in effect ninety days from passage.]


AN ACT 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 eleven; and that sections three and six, article one-b, chapter forty-eight-a of said code, be amended and reenacted, all relating to providing for the allocation of custodial and decision-making responsibility for children; and revising child support guidelines.

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 eleven; and that sections three and six, article one-b chapter forty-eight-a of said code, be amended and reenacted, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.

ARTICLE 11. ALLOCATION OF CUSTODIAL AND DECISION-MAKING RESPONSIBILITY FOR CHILDREN.


Part 1. Scope, objectives, definitions, and parties.


§48-11-101. Scope of article.


This article sets forth principles governing the allocation of custodial and decision-making responsibility for a minor child when the parents do not live together. The provisions of this article shall govern with respect to all domestic relations matters, notwithstanding any conflicting statutory enacted prior to regular session of the Legislature, one thousand nine hundred ninety-nine.

§48-11-102. Objectives; best interests of the child defined.


(a) The primary objective of this article is to serve the child's best interests, by facilitating:
(1) Stability of the child;
(2) Parental planning and agreement about the child's custodial arrangements and upbringing;
(3) Continuity of existing parent-child attachments;
(4) Meaningful contact between a child and each parent;
(5) Caretaking relationships by adults who love the child, know how to provide for the child's needs, and who place a high priority on doing so;
(6) Security from exposure to physical or emotional harm; and
(7) Expeditious, predictable decision-making and avoidance of prolonged uncertainty respecting arrangements for the child's care and control.
(b) A secondary objective of article is to achieve fairness between the parents.

§48-11-103. Parties to an action under this article.


(1) Persons who have a right to be notified of and participate as a party in an action filed by another are:
(a) A legal parent of the child, as defined in section one hundred thirty-one, article two of this chapter; or
(b) An adult allocated custodial responsibility or decision- making responsibility under a parenting plan regarding the child that is then in effect.
(2) In exceptional cases the court may, in its discretion, grant permission to intervene to other persons or public agencies whose participation in the proceedings under this article it determines is likely to serve the child's best interests. The court may place limitations on participation by the intervening party as the court determines to be appropriate. Such persons or public agencies do not have standing to initiate an action under this article.

Part 2. Parenting plans.


§48-11-201. Parental agreements.


(a) If the parents agree to one or more provisions of a parenting plan, the court should so order, unless it makes specific findings that:
(1) The agreement is not knowing or voluntary, or
(2) The plan would be harmful to the child.
(b) The court, at its discretion and on any basis it deems sufficient, may conduct an evidentiary hearing to determine whether there is a factual basis for a findings under subdivision (1) or (2), subsection (a) of this section. When there is credible information that child abuse as defined by section three, article one, chapter forty-nine of this code or domestic abuse as defined by section one hundred twenty-one, article two of this chapter has occurred, a hearing is mandatory and if the court determines that abuse has occurred, appropriate protective measures should be ordered.
(c) If an agreement, in whole or in part, is not accepted by the court under the standards set forth in subsection (a) of this section, the court should allow the parents the opportunity to negotiate another agreement.

§48-11-202. Court ordered services. [2.08]


(a) (1) The court shall inform the parents, or require them to be informed, about:
(A) How to prepare a parenting plan;
(B) The impact of family dissolution on children and how the needs of children facing family dissolution can best be addressed;
(C) The impact of domestic abuse on children, and resources for addressing domestic abuse; and
(D) Mediation or other nonjudicial procedures designed to help them achieve an agreement.
(2) The court shall require the parents to attend parental education classes.
(3) If parents are unable to resolve issues and agree to a parenting plan, the court shall require mediation.
(b) The court should not order services under subsection (a) of this section that require a parent to have face-to-face meetings with the other parent.
(c) A mediator should not conduct a mediation, even by parental agreement, without first screening for domestic abuse. If credible evidence thereof exists, the mediator should take steps:
(1) To ensure the voluntary consent of the victim of the abuse to participate in the mediation, and to any agreement reached as a result of the mediation; and
(2) To protect the safety of the victim.
(d) A mediator should not make a recommendation to the court and may not reveal information that either parent has disclosed during mediation under a reasonable expectation of confidentiality except, upon questioning by the court, if relevant to fact-finding under section two hundred one of this article.
(e) Services authorized under subsection (a) of this section should be ordered at a cost that is reasonable in light of the financial circumstances of each parent. Where one parent's ability to pay for such services is significantly greater than the other, the court may order that parent to pay some or all of the expenses of the other.

§48-11-203. Proposed temporary parenting plan; temporary order; amendment; vacation of order.


(a) A parent seeking a temporary order relating to parenting shall file and serve a proposed temporary parenting plan by motion. The other parent, if contesting the proposed temporary parenting plan, shall file and serve a responsive proposed parenting plan. Either parent may move to have a proposed temporary parenting plan entered as part of a temporary order. The parents may enter an agreed temporary parenting plan at any time as part of a temporary order. The proposed temporary parenting plan may be supported by relevant evidence and shall be accompanied by an affidavit or declaration which shall state at a minimum the following:
(1) The name, address, and length of residence with the person or persons with whom the child has lived for the preceding twelve months;
(2) The performance by each parent during the last twelve months of the parenting functions relating to the daily needs of the child;
(3) The parents' work and child-care schedules for the preceding twelve months;
(4) The parents' current work and child-care schedules; and
(5) Any of the circumstances set forth in section two hundred nine of this article that are likely to pose a serious risk to the child and that warrant limitation on the award to a parent of temporary residence or time with the child pending entry of a permanent parenting plan.
(b) At the hearing, the court shall enter a temporary parenting order incorporating a temporary parenting plan which includes:
(1) A schedule for the child's time with each parent when appropriate;
(2) Designation of a temporary residence for the child;
(3) Allocation of decision-making authority, if any. Absent allocation of decision-making authority consistent with section two hundred seven of this article, neither party shall make any decision for the child other than those relating to day-to-day or emergency care of the child, which shall be made by the party who is present with the child;
(4) Provisions for temporary support for the child; and
(5) Restraining orders, if applicable.
(c) A parent may make a motion for an order to show cause and the court may enter a temporary order, including a temporary parenting plan, upon a showing of necessity.
(d) A parent may move for amendment of a temporary parenting plan, and the court may order amendment to the temporary parenting plan, if the amendment conforms to the limitations of section two hundred nine of this article and is in the best interest of the child.
(e) If a proceeding for divorce, separate maintenance, or annulment, any temporary order or temporary parenting plan is vacated.

§48-11-204. Criteria for temporary parenting plan.


(a) After considering the affidavit required by section two hundred three of this article and other relevant evidence presented, the court shall make a temporary parenting plan that is in the best interest of the child. In making this determination, the court shall give particular consideration to:
(1) Which parent has taken greater responsibility during the last twelve months for performing caretaking functions relating to the daily needs of the child; and
(2) Which parenting arrangements will cause the least disruption to the child's emotional stability while the action is pending.
(b) The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.

§48-11-205. Permanent parenting plan.


(a) A party seeking a judicial allocation of custodial responsibility or decision-making responsibility under this article should file a proposed parenting plan with the court. Parties may file a joint plan. A plan should be supported by an affidavit containing, to the extent known or reasonably discoverable by the filing party or parties:
(1) The name, address, and length of residence of any adults with whom the child has lived for one year or more, or in the case of a child less than one year old, any adults with whom the child has lived since the child's birth;
(2) The name and address of each of the child's parents and any other individuals with standing to participate in the action under section one hundred three of this article;
(3) A description of the allocation of caretaking and other parenting responsibilities performed by each person named in subdivisions (1) and (2) of this subsection during the twenty-four months preceding the filing of an action under this article;
(4) A description of the work and child-care schedules of any person seeking an allocation of custodial responsibility, and any expected changes to these schedules in the near future;
(5) A description of the child's school and extracurricular activities;
(6) A description of any of the limiting factors as described in two hundred nine of this article that are present, including any restraining orders against either parent to prevent domestic or family violence, by case number and jurisdiction;
(7) Required financial information; and
(8) A description of the known areas of agreement and disagreement with any other parenting plan submitted in the case.
The court should maintain the confidentiality of any information required to be filed under this section when the person giving that information has a reasonable fear of domestic abuse and disclosure of the information would increase that fear.
(b) The court should develop a process to identify cases in which there is credible information that child abuse or neglect, as defined in section three, article one, chapter forty-nine of this code, or domestic or family violence as defined in section one hundred twenty-one, article two of this chapter has occurred. The process should include assistance for possible victims of domestic abuse in complying with subdivision (6), subsection (a) of this section, and referral to appropriate resources for safe shelter, counseling, safety planning, information regarding the potential impact of domestic abuse on children, and information regarding civil and criminal remedies for domestic abuse. The process should also include a system for ensuring that jointly submitted parenting plans that are filed in cases in which there is credible information that child abuse or domestic abuse has occurred receive the court review that is mandated by subdivision (b), section two hundred one of this article.
(c) Upon motion of a party and after consideration of the evidence, the court should order a parenting plan consistent with the provisions of section two hundred six through two hundred nine of this article, containing:
(1) A provision for the child's living arrangements and each parent's custodial responsibility, which should include either:
(A) A custodial schedule that designates in which parent's home each minor child will reside on given days of the year; or
(B) A formula or method for determining such a schedule in sufficient detail that, if necessary, the schedule can be enforced in subsequent proceedings by the court;
(2) An allocation of decision-making responsibility as to significant matters reasonably likely to arise with respect to the child; and
(3) A provision consistent with section two hundred two of this article for resolution of disputes that arise under the plan, and for remedies of violations of the plan.
(d) A parenting plan may, at the court's discretion, contain provisions that address matters that are expected to arise in the event of a party's relocation, or provide for future modifications in the parenting plan if specified contingencies occur.
(e) The court may order a temporary allocation of custodial responsibility or decisionmaking responsibility as the court determines is in the child's best interests, considering the factors in section two hundred six and two hundred seven of this article. Such an order ordinarily should not preclude access to the child by a parent who has been exercising a reasonable share of parenting functions. Upon credible evidence of one or more of the circumstances set forth in subsection (a) section two hundred nine of this article, the court shall issue a temporary order limiting or denying access to the child as required by that section, in order to protect the child or the other party, pending adjudication of the underlying facts.
(f) Expedited procedures should be instituted to facilitate the prompt issuance of a parenting plan.

§48-11-206. Allocation of custodial responsibility.


(a) Unless otherwise resolved by agreement of the parents under section two hundred one of this article or unless manifestly harmful to the child, the court should allocate custodial responsibility so that the proportion of custodial time the child spends with each parent approximates the proportion of time each parent spent performing caretaking functions for the child prior to the parents' separation or, if the parents never lived together, before the filing of the action, except to the extent required under section two hundred nine of this article or necessary to achieve any of the following objectives:
(1) To permit the child to have a relationship with each parent who has performed a reasonable share of parenting functions;
(2) To accommodate the firm and reasonable preferences of a child who is fourteen years of age or older, and with regard to a child under fourteen years of age, but sufficiently matured that he or she can intelligently express a voluntary preference for one parent, to give that preference such weight as circumstances warrant;
(3) To keep siblings together when the court finds that doing so is necessary to their welfare;
(4) To protect the child's welfare when, under an otherwise appropriate allocation, the child would be harmed because of a gross disparity in the quality of the emotional attachments between each parent and the child or in each parent's demonstrated ability or availability to meet a child's needs;
(5) To take into account any prior agreement of the parents that, under the circumstances as a whole including the reasonable expectations of the parents in the interest of the child, would be appropriate to consider;
(6) To avoid an allocation of custodial responsibility that would be extremely impractical or that would interfere substantially with the child's need for stability in light of economic, physical, or other circumstances, including the distance between the parents' residences, the cost and difficulty of transporting the child, the parents' and child's daily schedules, and the ability of the parents to cooperate in the arrangement; and
(7) To apply the principles set forth in subsection (d), section four hundred three of this article(d) if one parent relocates or proposes to relocate at a distance that will impair the ability of a parent to exercise the amount of custodial responsibility that would otherwise be ordered under this section.
(b) In determining the proportion of care taking functions each parent previously performed for the child under subsection (a) of this section, the court should not consider the divisions of functions arising from temporary arrangements after separation, whether those arrangements are consensual or by court order. The court may take into account information relating to the temporary arrangements in determining other issues under this section.
(c) If the court is unable to allocate custodial responsibility under subsection (a) of this section because the allocation under that subsection would be manifestly harmful to the child, or because there is no history of past performance of caretaking functions, as in the case of a newborn, or because the history does not establish a pattern of caretaking sufficiently dispositive of the issues of the case, the court should allocate custodial responsibility based on the child's best interest, taking into account the factors in considerations that are set forth in this section and in section two hundred nine and subsection (d), section four hundred three and preserving to the extent possible this section's priority on the share of past caretaking functions each parent performed.
(d) In determining how to schedule the custodial time allocated to each parent, the court should take account of the economic, physical, and other practical circumstances such as those listed in subdivision six, subsection (a) of this section.

§48-11-207. Allocation of significant decision-making responsibility.


(a) Unless otherwise resolved by agreement of the parents under section two hundred one of this article, the court should allocate responsibility for making significant life decisions on behalf of the child, including the child's education and health care, to one parent or to two parents jointly, in accordance with the child's best interest, in light of:
(1) The allocation of custodial responsibility under section two hundred six of this article;
(2) The level of each parent's participation in past decision- making on behalf of the child;
(3) The wishes of the parents;
(4) The level of ability and cooperation the parents have demonstrated in decision-making on behalf of the child;
(5) Prior agreements of the parties; and
(6) The existence of any limiting factors, as set forth in section two hundred nine of this article.
(b) If each of the child's legal parents has been exercising a reasonable share of parenting functions for the child, the court should presume that an allocation of decision-making responsibility to both parents jointly is in the child's best interests. The presumption is overcome if there is a history of domestic abuse, or by a showing that joint allocation of decision-making responsibility is not in the child's best interest.
(c) Unless otherwise provided or agreed by the parents, each parent who is exercising custodial responsibility should be given sole responsibility for day-to-day decisions for the child, while the child is in that parent's care and control, including emergency decisions affecting the health and safety of the child.
(d) Even if a legal parent is not allocated decision-making responsibility under this section, a legal parent should have access to school and health-care records concerning the child to which legal parents have access by other law, except insofar as access is not in the child's best interests or where the provision of such information might endanger a parent who has been the victim of domestic abuse.

§48-11-208. Criteria for parenting plan; dispute resolution.


(a) If provisions for resolving parental disputes are not ordered by the court pursuant to parental agreement under section two hundred one of this article, the portion order method of resolving disputes that serves a child's best interest in light of:
(1) The parents' wishes and the stability of the child;
(2) Circumstances, including but not limited to financial circumstances, that may affect the parents ability to participate in a prescribed dispute resolution process; and
(3) The existence of any limiting factor, as set forth in section two hundred nine of this article.
(b) The court may order a non-judicial process of dispute resolution, by designating with particularity the person or agency to conduct the process or the method for selecting such a person or agency. The disposition of a dispute through a non-judicial method of dispute resolution that has been ordered by the court without prior parental agreement is subject to de novo judicial review. If the parents have agreed in a parenting plan or by agreement thereafter to a binding resolution of their dispute by non-judicial means, a decision by such means is binding upon the parents and must be enforced by the court, unless it is shown to be manifestly harmful to the child's interests, beyond the scope of the parents' agreement, or the result of fraud, misconduct, corruption, or other serious irregularity.
(c) This section is subject to the limitations imposed by section two hundred two of this article.

§48-11-209. Parenting plan; limiting factors.


(a) If either of the parents so requests, or upon receipt of credible information thereof, the court should determine whether a parent who would otherwise be allocated responsibility under a parenting plan:
(1) Has abused, neglected, or abandoned a child, as defined by state law;
(2) Has inflicted domestic violence, as defined in section one hundred twenty-one, article two of this chapter;
(3) Has interfered persistently with the other parent's access to the child, except in the case of actions taken for the purpose of protecting the safety of the child or the interfering parent or another family member, pending adjudication of the facts underlying that belief.
(b) If a parent is found to have engaged in any activity specified by subsection (a) of this section, the court should impose limits that are reasonably calculated to protect the child or child's parent from harm. The limitations that the court should consider include but are not limited to:
(1) An adjustment of the custodial responsibility of the parents, including the allocation of exclusive custodial responsibility to one of them;
(2) Supervision of the custodial time between a parent and the child;
(3) Exchange of the child between parents through an intermediary, or in a protected setting;
(4) Restraints on the parent from communication with or proximity to the other parent or the child;
(5) A requirement that the parent abstain from possession or consumption of alcohol or non-prescribed drugs while exercising custodial responsibility and in the twenty-four hour period immediately preceding such exercise;
(6) Denial of overnight custodial responsibility;
(7) Restrictions on the presence of specific persons while the parent is with the child;
(8) A requirement that the parent post a bond to secure return of the child following a period in which the parent is exercising custodial responsibility or to secure other performance required by the court;
(9) A requirement that the parent complete a program of intervention for perpetrators of domestic violence, for drug or alcohol abuse, or program designed to correct another factor; or
(10) Any other constraints or conditions that the court deems necessary to provide for the safety of the child, a child's parent, or any person whose safety immediately affects the child's welfare.
(c) If a parent is found to have engaged in any activity specified in subsection (a) of this section, the court may not allocate custodial responsibility or decision-making responsibility to that parent without making special written findings that the child and other parent can be adequately protected from harm by such limits as it may impose under subsection (b) of this section. The parent found to have engaged in the behavior specified in subsection (a) of this section has the burden of proving that an allocation of custodial responsibility or decision-making responsibility to that parent will not endanger the child or the other parent.

Part 3. Fact finding.


§48-11-301. Court-ordered investigation.


(a) In its discretion, the court may order a written investigation and report to assist it in determining any issue relevant to proceedings under this article. The investigation and report may be made by the guardian ad litem, the staff of the juvenile court, or other professional social service organization experienced in counseling children and families. The court should specify the scope of the investigation or evaluation and the authority of the investigator.
(b) In preparing the report concerning a child, the investigator may consult any person who may have information about the child and the potential parenting or custodian arrangements. Upon order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or other expert persons who have served the child in the past without obtaining the consent of the parent or the child's custodian; but the child's consent must be obtained if the child has reached the age of twelve, unless the court finds that the child lacks mental capacity to consent. If the requirements of subsection (c) of this section are fulfilled, the investigator's report may be received in evidence at the hearing.
(c) The investigator shall mail the investigator's report to counsel and to any party not represented by counsel at least ten days prior to the hearing unless a shorter time is ordered by the court for good cause shown. The investigator shall make available to counsel and to any party not represented by counsel the investigator's file of underlying data and reports, complete texts of diagnostic reports made to the investigator pursuant to the provisions of subsection (b) of this section, and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the investigator and any person whom the investigator has consulted for cross-examination. A party may not waive the right of cross-examination prior to the hearing.

§48-11-302. Appointment of guardian.


(a) In its discretion, the court may appoint a guardian ad litem to represent the child's best interests. The court should specify the terms of the appointment, including the guardian's role, duties, and scope of authority.
(b) In its discretion, the court may appoint a lawyer to represent the child, if the child is competent to direct the terms of the representation and court has a reasonable basis for finding that the appointment would be helpful in resolving the issues of the case. The court should specify the terms of the appointment, including the lawyer's role, duties, and scope of authority.
(c) When substantial allegations of domestic abuse have been made, the court should order an investigation under section three hundred one of this article or make an appointment under subsection (a) or (b) of this section, unless the court is satisfied that the information necessary to evaluate the allegations will be adequately presented to the court without such an order or appointment.
(d) Subject to whatever restrictions the court may impose or that may be imposed by the attorney-client privilege or by subsection (d), section two hundred two of this article, the court may require the child or parent to provide information to an individual or agency appointed by the court under section three hundred one of this article or subsection (a) or (b) of this section, and it may require any person having information about the child or parent to provide that information, even if the information is otherwise protected by law and even in the absence of consent by parent or by the child.
(e) The investigator who submits a report or evidence to the court that has been requested under section three hundred one of this article and a guardian ad litem appointed under subsection (a) of this section who submits information or recommendations to the court are subject to cross-examination by the parties. A lawyer appointed under subsection (b) may not be a witness in the proceedings, except as allowed under standards applicable in other civil proceedings.
(f) Services and tests ordered under this section should be ordered only if at no cost to the individuals involved, or at a cost that is reasonable in light of the available financial resources.

§48-10-303. Interview of the child by the court.


The court, in its discretion, may interview the child in chambers or direct another person to interview the child, in order to obtain information relating to the issues of the case. Counsel for a parent or for the child should be permitted to submit questions to the court that may be asked of the child if the court approves. A transcript, videotape, or other reliable means of recording the complete interview shall be made part of the record of the proceedings, and should be confidential except for purposes of appeal of the court's order.

Part 4. Modification of parenting plan.


§48-11-401. Modification upon showing of changed circumstances or harm.


(a) Except as provided in section four hundred two or four hundred three of this article, a court should 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 therein, that a substantial change has occurred in the circumstances of the child or of one or both parents and a modification is necessary to serve the best interests of the child.
(b) In exceptional circumstances, a court may modify a parenting plan if it finds that the plan is not working as contemplated and in some specific way is manifestly harmful to the child, even if a substantial change of circumstances has not occurred.
(c) Unless the parents have agreed otherwise, the following circumstances do not justify a significant modification of a parenting plan except where harm to the child is shown:
(1) Circumstances resulting in an involuntary loss of income, by loss of employment or otherwise, affecting the parents economic status;
(2) A parent's remarriage or cohabitation; and
(3) Choice of reasonable caretaking arrangements for the child by a legal parent, including the child's placement in day care.
(d) For purposes of subsection (a) of this section, the occurrence or worsening of a limiting factor, as defined in subsection (a), section two hundred nine of this article, after a parenting plan has been ordered by the court, constitutes a substantial change of circumstances and measures should be ordered pursuant to section two hundred nine of this article to protect the child or the child's parent.

§48-11-402. Modification without showing of changed circumstances.


(a) The court should modify a parenting plan in accordance with a parental 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 change circumstances required by subsection (a), section four hundred one of this article if the modification is in the child's best interests, and the modification:
(1) Reflects the de facto arrangements under which the child has been receiving care from the petitioner, without objection, in substantial deviation from the parenting plan, for the preceding six months before the petition for modification is filed, provided the arrangement is not the result of a parent's acquiescence resulting from the other parent's domestic abuse;
(2) Constitutes a minor modification in the plan; or
(3) Is necessary to accommodate the reasonable and firm preferences of a child who has attained the age of fourteen.

§48-11-403. Relocation of a parent.


(a) The relocation of a parent constitutes a substantial change in the circumstances under subsection (a) section four hundred one of this article of the child only when it significantly impairs either parent's ability to exercise responsibilities that the parent has been exercising.
(b) Unless otherwise ordered by the court, a parent who has responsibility under a parenting plan who changes, or intends to change, residences for more than 90 days must give a minimum of 60 days advance notice, or the most notice practicable under the circumstances, to any other parent with responsibility under the same parenting plan, notice should include:
(1) The relocation date;
(2) The address of the intended new residence;
(3) The specific reasons for the proposed relocation, and
(4) A proposal for how custodial responsibility should be modified, in light of the intended move.
Failure to comply with the notice requirements of this section without good cause may be a factor in the determination of whether the relocation is in good faith under subsection (d) of this section, and is a basis for an award of reasonable expenses and reasonable attorneys fees to another parent that are attributable to such failure.
(c) When changed circumstances are shown under subsection (a) of this section, the court should, if practical, revise the parenting plan so as to both accommodate the relocation and maintain the same proportion of custodial responsibility being exercise by each of the parents.
(d) When the relocation constituting changed circumstances under subsection (a) renders it impractical to maintain the same proportion of custodial responsibility as that being exercise by each parent, the court should modify the parenting plan in accordance with the child's best interests, as defined in sections two hundred six and two hundred seven, and in accordance with the following principles:
(1) A parent who has been exercising a significant majority of the custodial responsibility for the child should be allowed to relocate with the child so long as that parent shows that the relocation is in good faith for legitimate purpose and to a location that is reasonable in light of the purpose. The proportion of custodial responsibility that constitutes a significant majority of custodial responsibility should be established to the role of statewide application. A relocation is for a legitimate purpose if it is to the close to significant family or other support networks, for significant health reasons, to protect the safety of the child or another member of the child's house sold from significant risk of harm, to pursue a significant employment or educational opportunity, or to be with one's spouse who is established, or who is pursuing a significant employment or educational opportunity, in another location. The relocating parent has the burden of proving of the legitimacy of any other purpose. A move with illegitimate purpose is reasonable unless his purpose to shown to be substantially achievable without moving, or by moving to location that is substantially less disruptive of the other parent's relationship to the child.
(2) If a relocation of the parent is in good faith for legitimate purpose and to location that is reasonable in light of the purpose, and if neither has been exercising a significant majority of custodial responsibility for the child, the court should reallocate custodial responsibility based on the best interest of the child, taking into account all relevant factors including the effects of the relocation on the child.
(3) If a parent does not establish that the purpose for that parent's relocation is in good faith for a legitimate purpose into a location that is reasonable in light of the purpose, the court may modify the parenting plan in accordance with the child's best interests and the effects of the relocation on the child. Among the modifications the court may consider is a reallocation of primary custodial responsibility, effective if and when the relocation occurs, but such a reallocation should not be ordered if the relocating parent demonstrates that the child's best interests would be served by the relocation.
(4) The court should attempt to minimize impairment to a parent-child relationship caused by a parent's relocation through alternative arrangements for the exercise of custodial responsibility appropriate to the parents' resources and circumstances and the developmental level of the child.
§48-11-404. Effect of enactment .
The enactment of this article ten through the passage of SB 692 during the regular session of the Legislature, one thousand nine hundred ninety-nine, is prospective in operation: Provided, That persons who are parties under an existing child custody order may move for a modification of the order if the motion for modification is made before the thirtieth day of June, two thousand.

Part 5. Enforcement of parenting plans.


§48-11-501. 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 should enforce the remedy specified in the plan or, if no remedies are specified or they are clearly inadequate, it should find the plan has been violated and order an appropriate remedy, which may include:
(1) In the case of interference with the exercise of custodial responsibility for a child by the other parent, substitute time for that parent to make up for time missed with the child;
(2) In the case of missed time by a parent, costs in recognition of lost opportunities by the other parent, in child care costs and other reasonable expenses in connection with the missed time;
(3) A modification of the plan, if the requirements for a modification are met under sections four hundred one, four hundred two or four hundred three of this article;
(4) An order that the parent who violated the plan obtain appropriate counseling;
(5) A civil fine, in an amount that increases with each violation as established by a uniform rule of statewide application, to be paid to the nonviolating parent or, if both parents have violated the parenting plan, to the court;
(6) Court costs, reasonable attorney's fees, and any other reasonable expenses in enforcing the plan, and
(7) Any other appropriate remedy.
(b) Except as provided in a jointly submitted plan that has been ordered by the court, obligations established in a parenting plan are independent obligations, and it is not a defense to an action under this section by one parent that the other parent failed to meet obligations under a parenting plan or child support order.
(c) An agreement between the parents to depart from the parenting plan can be a defense to a claim that the plan has been violated, even though the agreement was not made part of a court order, but only as to acts or omissions consistent with the agreement that occur before the agreement is disaffirmed by either parent.

Part 6. Miscellaneous provisions.


§48-11-601. Access to a child's records.


(a) (1) Each parent has full and equal access to a child's educational records absent a court order to the contrary. Neither parent may veto the access requested by the other parent. Educational records are limited to academic, attendance, and disciplinary records of public and private schools in all grades kindergarten through twelve and any form of alternative school.
(2) Each parent has a right to arrange appointments for parent-teacher conferences absent a court order to the contrary. Neither parent can be compelled against their will to exercise this right by attending conferences jointly with the other parent.
(b) (1) Each parent has full and equal access to a child's medical records absent a court order to the contrary. Neither parent may veto the access requested by the other parent. If necessary, either parent is required to authorize medical providers to release to the other parent copies of any and all information concerning medical care provided to the child which would otherwise be properly released to either parent.
(2) If the child is in the actual physical custody of one parent, that parent is required to promptly inform the other parent of any illness of the child which requires medical attention.
(3) Each parent is required to consult with the other parent prior to any elective surgery being performed on the child; and in the event emergency medical procedures are undertaken for the child which require the parental consent of either parent, if time permits, the other parent shall be consulted, or if time does not permit such consultation, the other parent shall be promptly informed of the emergency medical procedures: Provided, That nothing contained herein alters or amends the law of this state as it otherwise pertains to physicians or health care facilities obtaining parental consent prior to providing medical care or performing medical procedures.
(c) Each parent has full and equal access to a child's juvenile court records, process and pleadings, absent a court order to the contrary. Neither parent may veto any access requested by the other parent. Juvenile court records are limited to those records which are normally available to a parent of a child who is a subject of the juvenile justice system.

§48-11-602. Designation of custody for the purpose of other state and federal statutes.


Solely for the purposes of all other state and federal statutes which require a designation or determination of custody, a parenting plan shall designate the parent with whom the child is scheduled to reside the majority of the time as the custodian of the child. However, this designation shall not affect either parent's rights and responsibilities under a parenting plan. In the absence of such as designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be the custodian of the child for the purposes of such federal and state statutes.


CHAPTER 48A. ENFORCEMENT OF FAMILY OBLIGATIONS.

ARTICLE 13. CHILD SUPPORT.

Part 1. Child support guidelines.


§48A-1B-3. Basic child support obligation.


(a) The basic child support obligation is determined from the following table of monthly basic child support obligations:
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West Virginia
Monthly Basic Child Support Obligations
COMBINED  
GROSS ONE TWO THREE FOUR FIVE SIX
MONTHLY CHILD CHILDREN CHILDREN CHILDREN CHILDREN CHILDREN
INCOME            
550 127 185 219 242 263 281
600 137 200 237 262 284 304
650 147 214 253 280 303 325
700 156 227 268 296 321 344
750 163 238 282 311 337 361
800 171 249 295 326 353 378
850 179 261 309 341 370 395
900 188 273 323 357 387 414
950 197 286 338 374 405 433
1000 205 299 353 390 423 452
1050 214 311 368 406 440 471
1100 223 324 382 423 458 490
1150 231 336 397 439 476 509
1200 240 349 412 455 493 528
1250 248 361 426 471 511 547
1300 257 373 441 487 528 565
1350 265 386 456 503 546 584
1400 274 398 470 519 563 602
1450 282 410 484 534 579 620
1500 291 422 498 550 596 638
1550 299 434 512 565 613 656
1600 307 446 526 581 630 674
1650 316 458 540 596 646 692
1700 324 470 554 612 663 709
1750 332 482 568 627 680 727
1800 341 494 581 643 697 745
1850 349 506 595 658 713 763
1900 357 517 609 673 730 781
1950 366 529 623 689 747 799
2000 373 540 636 703 762 816
2050 381 551 649 717 778 832
2100 388 562 662 731 793 848
2150 395 573 674 745 808 864
2200 403 583 687 759 823 881
2250 410 594 700 773 838 897
2300 417 605 712 787 853 913
2350 425 616 725 801 869 929
2400 432 626 738 815 884 946
2450 440 637 750 829 899 962
2500 447 648 763 843 914 978
2550 454 658 776 857 929 994
2600 460 667 786 868 941 1007
2650 465 674 794 877 951 1018
2700 471 682 803 887 962 1029
2750 475 688 810 895 970 1038
2800 479 694 816 902 978 1046
2850 484 700 823 909 986 1055
2900 488 705 830 917 994 1063
2950 492 711 836 924 1002 1072
3000 496 717 843 931 1010 1080
3050 500 723 850 939 1018 1089
3100 504 729 856 946 1026 1097
3150 509 735 863 953 1033 1106
3200 513 740 869 961 1041 1114
3250 517 746 876 968 1049 1123
3300 521 752 882 975 1057 1131
3350 524 757 888 981 1064 1138
3400 527 761 893 987 1070 1145
3450 531 766 899 993 1077 1152
3500 534 771 904 999 1083 1159
3550 537 775 910 1006 1090 1166
3600 541 780 916 1012 1097 1173
3650 544 785 921 1018 1103 1180
3700 547 790 927 1024 1110 1187
3750 550 794 932 1030 1116 1194
3800 554 799 937 1036 1123 1201
3850 557 803 943 1041 1129 1208
3900 560 808 948 1047 1135 1215
3950 563 812 953 1053 1142 1222
4000 566 817 959 1059 1148 1229
4050 570 822 964 1065 1155 1236
4100 574 828 972 1074 1164 1245
4150 579 834 979 1082 1172 1254
4200 583 841 986 1090 1181 1264
4250 588 847 993 1098 1190 1273
4300 592 853 1001 1106 1199 1283
4350 597 860 1008 1114 1207 1292
4400 601 866 1015 1122 1216 1301
4450 606 873 1023 1130 1225 1311
4500 610 879 1030 1138 1234 1320
4550 615 885 1037 1146 1242 1329
4600 619 892 1044 1154 1251 1339
4650 624 898 1052 1162 1260 1348
4700 628 904 1059 1170 1269 1357
4750 633 911 1066 1178 1277 1367
4800 637 917 1074 1186 1286 1376
4850 642 924 1082 1195 1296 1386
4900 647 931 1090 1204 1305 1397
4950 651 938 1098 1213 1315 1407
5000 656 945 1106 1222 1325 1418
5050 661 951 1114 1231 1335 1428
5100 666 958 1123 1240 1345 1439
5150 670 965 1131 1249 1354 1449
5200 675 972 1139 1259 1364 1460
5250 680 979 1147 1268 1374 1470
5300 685 986 1155 1277 1384 1481
5350 689 993 1163 1285 1393 1491
5400 694 999 1171 1294 1403 1501
5450 698 1006 1179 1302 1412 1511
5500 703 1012 1186 1311 1421 1521
5550 707 1019 1194 1319 1430 1530
5600 712 1025 1201 1328 1439 1540
5650 716 1031 1208 1335 1447 1548
5700 719 1036 1214 1341 1454 1556
5750 723 1042 1220 1348 1462 1564
5800 727 1047 1226 1355 1469 1572
5850 731 1052 1233 1362 1477 1580
5900 735 1058 1239 1369 1484 1588
5950 739 1063 1245 1376 1492 1596
6000 743 1069 1251 1383 1499 1604
6050 747 1074 1258 1390 1506 1612
6100 751 1080 1265 1397 1515 1621
6150 755 1086 1272 1405 1523 1630
6200 760 1093 1279 1413 1531 1639
6250 764 1099 1286 1420 1540 1648
6300 768 1105 1292 1428 1548 1657
6350 773 1111 1299 1436 1556 1665
6400 777 1117 1306 1444 1565 1674
6450 781 1123 1313 1451 1573 1683
6500 785 1129 1320 1459 1582 1692
6550 789 1135 1327 1467 1590 1701
6600 793 1140 1334 1474 1598 1710
6650 797 1146 1341 1482 1607 1719
6700 801 1152 1348 1490 1615 1728
6750 806 1158 1355 1498 1623 1737
6800 810 1164 1362 1505 1632 1746
6850 814 1170 1369 1513 1640 1755
6900 818 1176 1376 1521 1649 1764
6950 822 1182 1383 1529 1657 1773
7000 826 1188 1390 1536 1665 1782
7050 830 1194 1397 1544 1674 1791
7100 834 1200 1404 1552 1682 1800
7150 838 1206 1411 1560 1691 1809
7200 842 1212 1418 1567 1699 1818
7250 847 1218 1425 1575 1707 1827
7300 851 1224 1432 1583 1716 1836
7350 855 1230 1439 1591 1724 1845
7400 859 1236 1446 1598 1733 1854
7450 863 1242 1453 1606 1741 1863
7500 867 1248 1460 1614 1749 1872
7550 871 1253 1468 1622 1758 1881
7600 875 1259 1475 1629 1766 1890
7650 879 1265 1482 1637 1775 1899
7700 883 1271


(b) This subsection provides for incomes below table. If combined adjusted gross income is below five hundred fifty dollars per month, which is the lowest amount of income considered in the table of monthly basic child support obligations set forth in subsection (a) of this section, the basic child support obligation shall be set at fifty dollars per month or a discretionary amount determined by the court based on the resources and living expenses of the parents and the number of children due support.
(c) This subsection provides for incomes above table. If combined adjusted gross income is above fifteen thousand dollars per month, which is the highest amount of income considered in the table of monthly basic child support obligations set forth in subsection (a) of this section, the basic child support obligation shall not be less than it would be based on a combined adjusted gross income of fifteen thousand dollars. The court may also compute the basic child support obligation for combined adjusted gross incomes above fifteen thousand dollars by the following:
(1) One child -- $1,457 + 0.088 x combined adjusted gross income above fifteen thousand dollars per month;
(2) Two children -- $2,108 + 0.129 x combined adjusted gross income above fifteen thousand dollars per month;
(3) Three children -- $2,483 + 0.153 x combined adjusted gross income above fifteen thousand dollars per month;
(4) Four children -- $2,744 + 0.169 x combined adjusted gross income above fifteen thousand dollars per month;
(5) Five children -- $2,974 + 0.183 x combined adjusted gross income above fifteen thousand dollars per month; and
(6) Six children -- $3,182 + 0.196 x combined adjusted gross income above fifteen thousand dollars per month.

§48A-1B-6. Computation of child support order in sole custody cases.


(a) For sole custody cases, the total child support obligation consists of the basic child support obligation plus the child's share of any unreimbursed health care expenses, work-related child care expenses and any other extraordinary expenses agreed to by the parents or ordered by the court less any extraordinary credits agreed to by the parents or ordered by the court.
(b) In a sole custody case, the total basic child support obligation is divided between the parents in proportion to their income. From this amount is subtracted the obligor's direct expenditures of any items which were added to the basic child support obligation to arrive at the total child support obligation.
(c) Child support for sole custody cases shall be calculated using the following worksheet:
Worksheet A: Sole Physical Custody

IN THE CIRCUIT COURT OF __________ COUNTY, WEST VIRGINIACASE NO.________


Mother: ____________________SS No.: ________________ Custodial parent? ? Yes ? No

Father: ____________________SS No.: ________________Custodial parent? ? Yes ?No


         
Children SSN Date of

Birth 		Children SSN Date of Birth
           
           
           
PART I. CHILD SUPPORT ORDER Mother Father Combined
1. MONTHLY GROSS INCOME $ $  
a. Minus preexisting child support payment - -  
b. Minus maintenance paid
 		- -  
2. MONTHLY ADJUSTED GROSS INCOME $ $ $
3. PERCENTAGE SHARE OF INCOME
(Each parent's income from line 2 divided by Combined Income) 		% %
100%
4. BASIC OBLIGATION
(Use Line 2 combined to find amount from schedule.) 		    $
5. ADJUSTMENTS (Expenses paid directly by each parent)
a. Work-Related Child Care Costs Adjusted for Federal Tax Credit (0.75 x actual work-related child care costs.)

$

$ 		 
b. Extraordinary Medical Expenses (Uninsured only) and Children's Portion of Health Insurance Premium Costs.
 $ $  
c. Extraordinary Expenses (Agreed to by parents or by order of the court.)
 		$ $  
d. Minus Extraordinary Adjustments (Agreed to by parents or by order of court.)
 		     
e. Total Adjustments (For each column, add 5a, 5b, and 5c. Subtract Line 5d. Add the parent's totals together for Combined amount.)
 		$ $ $
6. TOTAL SUPPORT OBLIGATION
(Add line 4 and line 5e Combined.) 		    $
7. EACH PARENT'S SHARE OF THE TOTAL CHILD SUPPORT OBLIGATION (Line 3 x line 6 for each parent.) $ $  
8. NONCUSTODIAL PARENT ADJUSTMENT
(Enter noncustodial parent's line 5e.) 		$ $  
9. RECOMMENDED CHILD SUPPORT ORDER
(Subtract line 8 from line 7 for the noncustodial parent only. Leave custodial parent column blank.) 		$ $  
PART II. ABILITY TO PAY CALCULATION
 (Complete if the noncustodial parent's adjusted monthly gross income is below $1,400.)
10. Spendable Income
(0.75 x line 2 for noncustodial parent only.) 		     
11. Self Support Reserve $500 $500  
12. Income Available for Support
(Line 10 - line 11. If less than $50, then $50) 		     
13. Adjusted Child Support Order
(Lessor of Line 9 and Line 12.) 		     

Comments, calculations, or rebuttals to schedule or adjustments if noncustodial parent directly pays extraordinary expenses.




PREPARED BY:
Date:

(d) In cases where the noncustodial parent's adjusted gross income is below one thousand four hundred dollars per month, an additional calculation in Worksheet A, Part II shall be made. This additional calculation sets the child support order at whichever is lower: (i) Child support at the amount determined in Part I; or (ii) the difference between eighty-five percent of the noncustodial parent's adjusted gross income and five hundred dollars, or fifty dollars, whichever is more.
 §48A-1B-11. Modification.
The provision of a child support order may be modified if the application of the new guideline would result in a new order that is more than fifteen percent different than the amount currently ordered.