Can I modify an existing child custody arrangement?

Yes, you can modify an existing child custody arrangement in West Virginia. Generally speaking, a court may modify an existing custody arrangement if there is a proper showing that it is in the best interest of the child or children involved. Depending on the circumstances, courts in West Virginia may modify an existing custody agreement if it serves the best interest of the children and is agreed to by both parties. In making a decision on whether to modify an existing arrangement, the court will consider relevant facts as set forth in West Virginia Code § 48-9-203, which includes, but is not limited to, the age of the children involved, the relationship between the parties, the fitness of the custodian, and the potential for disruption of the family unit. The court may also consider the wishes of the children, if the child’s wishes are found to be reasonable. In addition to the above criteria, the court may consider any other appropriate factor when granting a modification. This may include, but is not limited to, changes in the lifestyles of the parties, changes to educational plans, or changes in living arrangements. When a child custody agreement has been modified, it is important that the agreement is in writing and is signed by both parties in order to be enforced by the court. The modification should also be reviewed and approved by a judge, and may be made part of an existing custody agreement if it is in the best interest of the children.

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