How is the “best interests of the child” determined in cases of custody and visitation?

In West Virginia, the “best interests of the child” are determined by the court during cases of custody and visitation. There is no specific definition as to what the best interests of the child includes, but West Virginia case law provides that courts must consider the following factors: 1. The age, health, and sex of the child. 2. The ability of the parties to provide the necessary care and support for the child. 3. The impact that the custody or visitation arrangement may have on the child’s relationship with their friends and family. 4. The wishes of the child if they are of appropriate age and capacity. 5. The moral character and fitness of both parties. 6. Which parent is more likely to foster a loving relationship between the child and their other parent or family members. 7. Any other factor that the court deems relevant. In West Virginia, grandparents also have rights to visit and/or gain custody of their grandchild depending on their relationship with the parents. The court will consider the same factors listed above and give the grandparents an opportunity to prove that they would be the best person to provide the necessary care and support for the child. Ultimately, it is the responsibility of the court to determine what is in the best interests of the child and make arrangements that are deemed appropriate.

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How is the “best interests of the child” determined in cases of custody and visitation?

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