How does a court decide who gets custody of the children in a divorce?

In West Virginia, the primary consideration for a court in deciding who gets custody of the children in a divorce is the best interests of the children. Courts must consider all relevant factors in reaching a decision, such as the age and health of the children, the emotional bond between the parents and the children, the lifestyle of the children prior to the divorce, and the parents’ ability to provide a secure and stable environment. In addition, courts must consider the parents’ parenting abilities, such as their capacity to provide guidance, their willingness to foster a relationship with the other parent, and their ability to protect the children from potential harm. Courts will also consider any history of abuse or neglect in either parent’s past. Ultimately, the court will strive to ensure that the children’s physical, emotional, and psychological needs are met. In making a decision, the court may award sole custody to one parent, or may award joint custody to both parents. If joint custody is awarded, the court may determine what type of parental arrangement would be best for the children. The court will also consider whether the parents are able to communicate and cooperate with one another in making decisions about the children.

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How does a court decide who gets custody of the children in a divorce?

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