West Virginia Info

West Virginia Divorce Start Your Divorce Find Professionals West Virginia Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum West Virginia Products Divorce by County

West Virginia Articles

Custody & Visitation SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

West Virginia Divorce Support West Virginia Divorce Online

Guidelines for Custody and Visitation Schedule "A"


(a) The custodial parent shall take the necessary action with school authorities of the schools in which the children are enrolled to: (1) list the non-custodial parent as a parent of the children, (2) to authorize the school to release to the non-custodial parent any and all information concerning the children, (3) to insure that the non-custodial parent receives copies of any notices regarding the children.

(b) The custodial parent shall promptly transmit to the the non-custodial parent any information received concerning parent-teacher meetings, school programs, athletic schedules and any other school activities in which the children may be engaged or interested.

(c)The custodial parent shall promptly, after receipt of same, furnish to the non-custodial parent a photocopy of the child's grades or report and copies of any other reports concerning the child's status or progress.

(d) The custodial parent shall, when possible, arrange appointments for parent-teacher conferences at a time when the non-custodial parent can be present and, whenever possible, they shall be attended by both parents.


The custodial parent shall promptly inform the non-custodial parent of any illness of the children which shall require medical attention. Elective surgery shall only be performed after consultation with the non-custodial parent. Emergency surgery necessary for the preservation of life or to prevent a further serious injury or condition may be performed without consultation provided, however, if time permits, the non-custodial parent shall be consulted and, in any event, the non-custodial parent shall be informed as soon as same is possible.


Notice of Intent - Failure to give notice of notify of no visitation is a waiver.


Whenever "reasonable visitation" for a non-custodial parent appears in an entry, it shall be defined as providing at a minimum for:

(a)Visitation by the non-custodial parent on alternate weekends from Friday at 7:00 p.m. to Sunday at 7:00 p.m. (the beginning and ending times may be varied to accommodate the work schedule of the parties.)

(b) Mothers' Day the children shall be with the mother and Father's Day the children shall be with the father. In the event this provision requires the children to be with the custodial parent when it is the non-custodial parent's normal weekend visitation, the non-custodial parent shall return the children by 2:00 p.m. on Mother's Day. In the event that this provision requires the children to be with the non-custodial parent on a day not falling within the non-custodial parent's visitation weekend, said non-custodial parent shall receive the children at 9:00 a.m. on that day and shall return them at 7:00 p.m. on said day.

(c) The parents shall have the children on Holidays as follows:



  • President's Day

    Monday night

  • Memorial Day

    Friday night to Monday night

  • Labor Day

    Friday night to Monday night

  • Thanksgiving

    To coincide with vacation from school; for example, Friday 7:00 p.m. through week off to Sunday 7:00 p.m.

  • Christmas

    Christmas Eve, 9:00 a.m. to Christmas Day until 2:00 p.m.


  • Easter

    to coincide with vacation from school; for example, friday, 7:00 pm, through week off to Sunday, 7:00pm

  • Fourth of July

    Night before to morning after, except when the 4th falls on Friday, Saturday, or Sunday or Monday when the visitation shall commence to the end of weekend or end of holiday, which ever is later.

  • Christmas Vacation and New year's Day

    Christmas day at 2:00 pm until the night of the end of new Year's holiday at 7:00 pm.


The above schedule shall be reserved as to Custodial Parent and Non-custodial Parent.

Unless otherwise indicated, said holiday visitations shall commence at the regular hour as set for the commencement of weekend visitation and shall end at the regular hour set for the evening of weekend visitation. Said holiday visitations shall have precedence over the regular visitation schedule but shall not otherwise modify it (for example, if the holiday granted in any particular year to a non-custodial parent falls between the regular visitation, the non-custodial parent will have visitation three (3) weekends in a row at that particular time.

(d) The non-custodial parent shall have an extended visitation each summer to coincide with their vacation; however, same shall not exceed four (4) weekends in duration. Such visitations will include two non- consecutive two week periods with an interval of at least two weeks in between said two non-consecutive two week periods. The non-custodial parent shall notify the custodial parent of the time thereof as soon as the vacation schedules at the non-custodial parent's place of employment are posted or decided upon. Extended visitation shall not terminate support for that period unless by specific order since the weekly rate is adjusted for those periods of vacation at the non- custodial residence. In the event parties disagrees as to the dates of summer visitation, the schedules suggested by the non-custodial parent shall prevail.

(e)Both parties shall be diligent in having the children ready and available at the appointed times and the transporting party shall be prompt in picking up and delivering the children provided, however, that the transporting parent for visitations shall have a grace period of fifteen (15) minutes for pick up and delivery if both parties live within a distance of thirty (30) miles from each other. If the one way distance to be traveled is in excess of thirty (30) miles, the grace period shall be thirty (30) minutes. In the event the visiting parents exceeds the grace period, the visitation for the weekend is forfeited unless prior notification and arrangements have been made and except in cases where the visiting parent lives in excess of thirty (30) miles away and suffers an unavoidable breakdown or delay enroute and the visiting parent promptly notifies the custodial parent by phone of the delay. Repeated violations by either parent shall be cause for granting a modification of the custody order, either by changing custody or curtailing visitation, as the case may be.


The custodial parent shall send with the children on visitations sufficient clothing and outer wear appropriate for the season to last the period of the visitation. (For a weekend visitation, this shall consist of a minimum of two (2) extra sets of play clothes and one (1) dress outfit in addition to the clothes the children are wearing at the time of the start of the visitation). In the case of infants, the custodial parent shall send with the child sufficient bottles, formula and diapers to last the visitation period.


Visitation does not include picking up the children and leaving them with a non-family member while the visiting parent pursues their own pleasure, nor does it include taking the children to a bar for an extended period of time.


The custodial parent shall encourage free communications between the children and the non-custodial parent and shall not do anything to impede or restrict communications by phone or mail between the children and the non-custodial parent whether initiated by the children or the non-custodial parent. The mail between the children and the parent shall be strictly confidential between them and that parent and shall not be opened or read by the other parent. This rule applies equally to the non-custodial parent when the children are on extended visitation with the non-custodial parent.


Both parents shall refrain from criticizing the other parent in the presence of the children.


Neither of the parties shall attempt to modify the religious practice of the children without first having consulted each other and the Court.


Whenever the entry shall incorporate these Standard Rules for Custody and Visitation in the entry by reference, subparagraphs (a), (b), (c), (d), and (e), of paragraph four (4) shall be the visitation granted by the Court.

Was this helpful? Like our site & let us know.

Related Articles

Start West Virginia Divorce Start Your West Virginia Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
West Virginia Divorce Find West Virginia Divorce Professionals in Your Area:
Join the Network
West Virginia Divorce Products, Services and Solutions West Virginia Divorce Products, Services and Solutions
West Virginia Divorce Resources to Help You Through the Process.
Online Parenting Class West Virginia Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free West Virginia Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
West Virginia is an equitable distribution state. This means that courts will come to a decision on property distribution based on what is equitable, not necessarily equal, but what is fair. The courts do not consider marital misconduct when making this decision.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for a West Virginia Divorce


Settle Your Divorce Negotiate Your West Virginia Divorce


Support Forum West Virginia Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site