How to modify a parenting plan and custody in West Virginia

Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of West Virginia Code 48-9-401, 48-9-402 and 48-9-403, as published by the West Virginia Legislature on code.wvlegislature.gov. West Virginia’s statutes use “parenting plan” and “custodial responsibility”. Read what we could not confirm below.

West Virginia divorce kitChild custody in West VirginiaModifying child support and spousal support in West VirginiaAfter your divorce: changing a support or custody order

The short version

West Virginia has three doors. The main one, section 48-9-401, requires facts that were not known or “have arisen since the entry of the prior order” and were not anticipated in it, a substantial change in the circumstances of the child or a parent, and a modification that is necessary to serve the child’s best interests. Section 48-9-402 lets the court modify without that showing in listed situations, including agreement and minor changes. Section 48-9-403 covers moves and treats a qualifying relocation as a substantial change. For support, see modifying child support and spousal support in West Virginia.

The main test, 48-9-401

  • Findings. The court modifies a parenting plan if, on facts that “were not known or have arisen since the entry of the prior order” and were not anticipated, “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”.
  • Exceptional circumstances. Even without a substantial change, the court may modify if the plan is not working as contemplated and is in some specific way “manifestly harmful to the child”.
  • Changes that usually do not count. Unless the parents agreed otherwise, these do not justify a significant modification “except where harm to the child is shown”: an involuntary loss of income, a parent’s remarriage or cohabitation (with an exception for the limiting factors in 48-9-209(f)), and a legal parent’s choice of reasonable caretaking arrangements such as day care.
  • Limiting factors. If a limiting factor under 48-9-209(a) occurs or worsens after the plan was ordered, that is a substantial change and the court orders protective measures.

Modification without changed circumstances, 48-9-402

  • By agreement. The court shall modify a plan in accordance with a parenting agreement unless the agreement is not knowing and voluntary or would be harmful to the child.
  • Best interests plus one of four. The court may modify “without the showing of the changed circumstances” required by 48-9-401(a) if the change is in the child’s best interests and it: reflects de facto care without objection for “the preceding six months” before filing (not the result of acquiescence to domestic abuse); is “a minor modification in the plan”; is necessary to accommodate the reasonable and firm preferences of a child who has “attained the age of 14”; or accommodates the preferences of a younger child who the court finds mature enough to express a voluntary preference.
  • False reports. Evidence of repeated fraudulent reports of domestic violence or child abuse is admissible when custodial allocation is at issue.

Moving, 48-9-403

  • Substantial change. A relocation is a substantial change under 48-9-401(a) when it impairs either parent’s ability to exercise responsibilities they have been exercising, or when it “impairs the schedule of custodial allocation” ordered by the court.
  • Petition and timing. A parent with responsibility under a plan who changes or intends to change residences must file a verified petition “at least 90 days prior to any relocation”, with the summons served at least 60 days ahead, unless that was impracticable.
  • What the petition says. The proposed date, the new address, the reasons, a proposal for modifying custodial responsibility, and a request for a hearing.
  • Hearing. Held “at least 30 days in advance of the proposed date of relocation”, with an expedited hearing available.
  • Burden. The relocating parent must prove the reasons are “legitimate and made in good faith”, that the relocation is in the child’s best interests, and that there is “no reasonable alternative” that is less disruptive to the child.
  • Non-compliance. Failure to follow these steps can weigh against good faith and can support reallocation of primary residence and an award of fees to the other parent.

Forms and filing

  • Form. We did not read a West Virginia court form for a petition to modify a parenting plan. Ask the clerk of the family court that entered your order for current forms.
  • Where to file. Usually in the family court that entered the order. See child custody in West Virginia.

What we could not confirm

  • Case law. We read no West Virginia Supreme Court of Appeals decision, so we cannot say how courts apply “substantial change” or the exceptional-circumstances route.
  • Definitions. We did not read the best-interest definition in 48-9-102, the limiting factors in 48-9-209, or the remainder of the relocation section beyond the burden of proof.
  • Procedure. We did not read family court rules, mediation requirements, fee provisions, filing fees or fee waivers.

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Sources