Support For You And Your Children During Divorce

Last updated on December 30, 2025

Children of divorce need a lot of support to help them adjust to the drastic changes in their lives. To help your children have the resources and time with their parents they need to develop properly, you must ensure you have established child custody and child support that reflect their best interests.

At Lyne Ranson Law Offices, PLLC, we can help you pursue the support and custody agreement that can benefit your children the most. When kids are involved in a divorce, we do everything in our power to ensure we are representing their and our client’s needs.

How We Can Help You

When our clients come to us for help, we take the time to develop a personalized strategy to help them overcome the challenges they are facing in their divorce. We have decades of experience guiding clients through challenges such as:

• Child custody
• Child visitation
• Child support
• Guardianship

At our Charleston office, we treat family law cases with the utmost respect because we know their outcomes can impact a family for years to come, which is why we do everything in our power to protect their best interests.

We take the time to work closely with our clients to develop a personalized representation plan based on the unique factors in their lives. We also know that time is a valuable factor for most of our clients, so we work to resolve things as quickly as possible without sacrificing the quality of our work or its outcome.

Frequently Asked Questions About Child Custody And Support In West Virginia

During your initial consultation, you can ask our attorneys any questions you have about child custody or child support. Here are some questions you may have:

How do courts determine child custody in West Virginia?

When parents are unable to resolve custody issues on their own, it is up to a judge to decide what arrangements are in the child’s best interests. In West Virginia, there is a rebuttable presumption that custody should be split 50/50.

To overcome that 50/50 presumption, a parent can ask the court to consider anything relevant to the situation, including things like the child’s special needs, the other parent’s mental or physical health, any history of substance abuse by the other parent, the child’s relationship with each parent, the other parent’s work schedule and any geographical limitations. When a child is old enough and mature enough, the court may even consider their preference (although that is never the sole factor in a court’s determination).

Can a parent refuse to allow visitation if child support is not paid?

No. Even if a parent is not paying child support, the other parent cannot refuse visitation with their child. Child support and child custody are two different legal matters. Refusing to allow a parent to see their child because of unpaid child support could lead to severe consequences, including a change in custody.

If a parent is not paying their child support obligation, the court can intervene and order them to pay.

How can I modify an existing child custody or support order?

If there are issues with an existing child custody or support order that is related to a “substantial change in circumstances,” it is crucial to file a petition for modification with the court for approval.

A substantial change in circumstances means there are significant changes in a parent’s or child’s life that could affect a child’s well-being and best interests. For example, a parent may seek more custody time after their child has been diagnosed with special needs that require a structured routine. Or custody days may be altered after a parent moves across state borders.

What factors do courts consider when awarding child custody?

The primary factor that courts consider when awarding child custody is the child’s best interests. The best interests of a child include any factors that could affect their development, well-being and safety.

How is child support calculated in West Virginia?

West Virginia uses specific guidelines to calculate child support amounts based on both parents’ gross monthly incomes and the number of children requiring support. The court considers various income sources when determining each parent’s financial capacity:

• Wages, bonuses, commissions and overtime pay from employment
• Rental income, investment earnings and business profits
• Unemployment benefits, disability payments and other government assistance
• Any other sources of regular income or financial support

The calculation also factors in the time each parent spends with the children, with adjustments for shared custody arrangements. Additional considerations include health insurance costs, day care expenses and extraordinary medical needs.

What is joint custody? What are its advantages and disadvantages?

Joint custody refers to arrangements where both parents share decision-making responsibilities and physical time with their children. This arrangement can take different forms, including joint legal custody, where parents share major decisions about education, health care and religious upbringing, and joint physical custody, involving shared residential time.

Advantages of joint custody include several important benefits:

• Maintaining strong relationships between children and both parents
• Sharing parental responsibilities and financial obligations equally
• Providing children with stability through continued involvement with both parents
• Supporting children’s emotional and developmental needs through dual-parent engagement

Disadvantages can include logistical challenges in coordinating schedules, potential conflicts between parents over decisions, and difficulties when parents live far apart or have significantly different parenting styles.

Can a child choose which parent to live with?

While West Virginia courts may consider a child’s preference regarding custody arrangements, the child’s wishes are never the sole determining factor in custody decisions. The court evaluates the child’s age, maturity level and ability to make reasoned decisions when determining how much weight to give their preferences.

Generally, older and more mature children’s preferences receive greater consideration, but judges always prioritize the child’s best interests over their stated preferences. The court examines whether the child’s preference is based on sound reasoning or influenced by factors such as one parent being more permissive.

How do I enforce a child custody or support order?

When a parent violates custody or support orders, several enforcement mechanisms are available through the court system. For unpaid child support, options include:

• Wage garnishment and automatic payroll deductions
• Asset seizure and bank account freezing
• Tax refund interception and lottery winnings seizure
• Contempt of court proceedings that can result in jail time

Custody violations can be addressed through contempt proceedings, modification requests or makeup time arrangements. Documenting violations with dates, times and circumstances helps build strong enforcement cases.

What rights do grandparents have regarding visitation and custody?

In West Virginia, a grandparent may file a petition with the court for visitation rights. However, because a fit parent has a constitutional right to make decisions regarding their child’s upbringing, the law presumes the parent is acting in the child’s best interest. To overcome this presumption, the grandparent must prove by clear and convincing evidence that visitation is in the child’s best interest and would not substantially interfere with the parent-child relationship.

Securing physical custody as a grandparent is significantly more difficult. A court will award you custody only in specific situations, such as when the biological parent(s) are found to be unfit or have abandoned or forfeited their parental rights. The court must determine that neither biological parent is suitable to have custody before considering a nonparent, and its ultimate determination will be based on the child’s best interest.

How does relocating to another state or country affect child custody arrangements?

Moving to another state or country significantly impacts your West Virginia child custody arrangement. A parent who has responsibility under a parenting plan and intends to change residences for more than 90 days must file a verified petition to modify the parenting plan with the court and serve it on the other parent at least 90 days before the intended move.

The nonrelocating parent can object to the petition. If they object, a judge must hold a hearing to determine whether the proposed move is in the child’s best interests. The relocating parent has the burden of proving the move is in good faith, for a legitimate purpose, and to a reasonable location in light of that purpose.

What should I do if I believe my child is in danger with the other parent?

If you believe your child is in immediate danger with the other parent in West Virginia, you must act right away. Call the police or the West Virginia Department of Human Services (DHS) / Bureau for Social Services (BSS) immediately, as your child’s safety is the top concern.

After ensuring their safety, you need to pursue legal action. Your attorney can request an emergency court hearing to obtain a temporary order modifying the current custody arrangement. The court can issue an emergency order to protect your child from harm, but it will require sufficient proof that an immediate change is warranted.

How can a father establish paternity and seek custody or visitation rights?

A father must legally establish paternity to seek custody or visitation rights in West Virginia. If you were not married to the child’s mother when the child was born, you need to take legal action. Paternity can be established by signing a Voluntary Acknowledgment of Paternity Affidavit (if done within the statutory time frame) or by filing a court action to establish paternity.

Once paternity is legally established (either by a filed affidavit or court order), you have the same legal rights and responsibilities as the mother to seek a court-ordered parenting plan regarding custody and visitation.

What is the process for resolving child custody disputes outside of court?

There are several routes that couples can take when they are trying to resolve custody disputes without resorting to litigation. Negotiation, either directly or (more commonly) through their attorneys, is a common step in any conflict involving child custody. That is the simplest, least costly and – often – the least time-consuming method of finding a resolution that will work for all parties. A mutually acceptable agreement can then be submitted to the court for approval.

When the parties have difficulty communicating or working together, mediation is another common way to resolve custody disputes. In mediation, a third-party neutral works with both parties to understand their goals and facilitate productive conversations. They do not make any custody decisions but help couples find common ground and reach compromises. Then, they present the final agreement to a judge for review and approval.

Our attorneys at Lyne Ranson Law Offices, PLLC, can help parents explore resolution options for child custody disputes outside of court. Lyne Ranson Law Offices, PLLC, has extensive experience facilitating mediation sessions with parents.

Are mothers more likely to be awarded custody over fathers?

No. A parent’s gender does not generally influence their likelihood of being awarded child custody. Child custody is based on the best interests of a child. The best interests of a child refer to any factors that may benefit or negatively impact a child’s well-being, education, upbringing and safety. Common factors a court will consider include:

• How well each parent can provide a safe, stable home
• How much time each parent can spend with their child
• The distance parents must travel to spend time with their child
• A child’s physical and cognitive development or impairments
• Each parent’s physical and cognitive impairments
• A parent’s criminal history or history of drug abuse, physical abuse or abandonment

In practicality, custody will sometimes be tilted in favor of mothers when an infant is very young, but fathers can obtain liberal visitation rights and parenting time that increases over time.

How does remarriage affect child custody and support arrangements?

One or both parents may remarry after a divorce. When a parent remarries, child custody arrangements and child support orders typically do not need to be altered – unless the new marriage somehow negatively impacts the child’s environment or changes how often each parent has the child in their care. At that point, a child custody and/or child support modification may be necessary.

What is a parenting plan, and why is it important?

A parenting plan is a court-ordered written agreement that outlines how parents will share responsibilities and time with their child after separation or divorce. In West Virginia, parenting plans are required in most custody cases and must focus on the child’s best interests.

A comprehensive parenting plan addresses several core issues, including the following:

• Physical custody and parenting time schedules, detailing where the child resides and when each parent has time with them.
• Decision-making authority, covering education, medical care, religion and extracurricular activities.
• Communication guidelines that explain how parents will share information and resolve disagreements.

A well-drafted parenting plan helps avoid future disputes and provides the court with a clear framework for enforcement, making legal guidance especially important.

How long does the child support obligation last?

In West Virginia, child support continues until the child turns 18. However, support may extend beyond that age if specific circumstances apply.

Child support may continue in the following situations:

• The child is still enrolled in high school until graduation.
• The child has a physical or mental disability that requires ongoing financial support.
• A court-approved agreement sets a longer support period.

Because termination rules can vary based on specific facts and court orders, working with a West Virginia family law attorney helps ensure that obligations are properly established or terminated.

What expenses does child support cover? Are there additional expenses I might be responsible for?

Child support is designed to cover a child’s basic living needs. A standard child support generally includes:

• Housing, food and clothing, reflecting everyday living costs.
• Basic medical care, including health insurance premiums.
• Educational necessities, such as school supplies.

Additional expenses may be ordered separately, such as uncovered medical bills, day care costs, extracurricular activities or special educational needs. These costs are usually shared between parents, making legal assistance critical to have a fair allocation.

How can a family law attorney help with child custody and support issues?

A family law attorney helps protect parental rights while prioritizing the child’s best interests. In West Virginia child custody and child support cases, legal representation helps ensure compliance with state laws and court procedures.

As your attorneys, we can assist by:

• Drafting and reviewing parenting plans to avoid vague or unenforceable terms.
• Calculating and modifying child support based on accurate financial information.
• Representing parents in court or mediation when disputes arise.

It is essential to work with a knowledgeable West Virginia family law attorney to secure a fair and legally sound outcome.

Choose Someone To Stand For Your Family

Getting divorced means a new life for you and your children, so let us help you work to earn the life you deserve. Call a West Virginia attorney you can trust at 304-932-0591 or email us here to schedule your initial consultation today. The sooner you reach out to a lawyer, the sooner you can settle your child support and custody needs.