WVC 48 - 5 - 209
§48-5-209. Grounds for divorce; abuse or neglect of a child.
(a) A divorce may be ordered for abuse or neglect of a child
of the parties or of one of the parties, "abuse" meaning any
physical or mental injury inflicted on such child including, but
not limited to, sexual molestation; and "neglect" is willful
failure to provide, by a party who has legal responsibility for
such child, the necessary support, education as required by law, or
medical, surgical or other care necessary for the well-being of
(b) A divorce shall not be granted on this ground except upon
clear and convincing evidence sufficient to justify permanently
depriving the offending party of any allocation of custodial
responsibility for the abused or neglected child.