What factors does the court consider when awarding custody?

When awarding child custody in West Virginia, the court has multiple factors to consider in order to determine the best interests of the child. These factors include, but are not limited to, the physical and mental health of each parent; the age and sex of the child; the wishes of the child if he or she is old enough to make an informed decision; the relationship between the child and both parents; the ability of each parent to provide the child with a secure and stable home environment; the ability of each parent to support and provide for the child; the past performance of each parent in providing care and support for the child; any history of substance abuse or domestic violence committed by either parent; and the ability of the parents to cooperate and communicate with one another in order to meet the child’s needs. The court also takes into consideration any special needs of the child including emotional, educational, religious, or medical concerns. Moreover, if the child has been living in a stable environment, the court may take that into consideration when making a decision. Based on the facts of the case, the court will assess all of these factors to make a determination regarding child custody in West Virginia. Ultimately, the court will decide which arrangements are in the best interests of the child.

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