(b) Modification of an order that awards visitation privileges may be reconsidered on a motion for modification if the court first makes a preliminary finding that the following factors are present:
(1) Visitation was based, in whole or in part, on a schedule or guidelines;
(2) The party petitioning for modification has consistently exercised or attempted to exercise the ordered visitation;
(3) The visitation provisions of the order sought to be modified have been in effect for less than five years; and
(4) The facts as alleged in the motion, if taken as true, would result in a parenting plan that is substantially different from the result reached by application of the visitation schedule or guidelines that the prior order was based on.
(c) If the court makes a preliminary finding that the factors described in subsection (b) of this section are present, the case shall proceed under the provisions of this article to establish a parenting plan: Provided, That in no case shall the parent petitioning for modification of a prior order of visitation be allocated more than fifty percent of the custodial responsibility. Nothing contained in this subsection shall be construed to authorize the continued application of the primary caretaker standard to modifications made under this section.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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