Child custody (also known as legal custody, conservatorship, or allocation of parenting time and responsibilities) refers to the legal possession, rights, and responsibilities for a minor child by the child’s birth or adoptive parents—including the right to make health care, religious, cultural, and education decisions about the child's upbringing.

During separation, and following divorce, a child’s natural parents often share custody of the child (shared custody or joint custody)—unless one or both of the child’s natural or adoptive parents are deemed to be unfit or pose a risk to the health, safety, and well-being of the child (the child’s best interests). If one of the parents is deemed unfit, the other parent may be awarded sole custody of the child. In some cases a parent who is not allowed to have custody of a child may be given visitation rights—sometimes under the supervision of another adult (supervised visitation). Child custody laws are usually located in your state’s statutes governing family and domestic matters, and may be referred to as the Family Code.

Child custody is distinct from guardianship of a child, which usually involves a relative or an unrelated person temporarily agreeing to take responsibility for a child following the death of the child’s birth or adoptive parents, or their abandonment. And adoption is taking full and permanent responsibility for a child by someone other than the child’s birth parents.

In West Virginia, child custody laws are designed to ensure the best interests of the child are the primary concern in custody decisions during separation or divorce. Custody can be categorized as either legal custody, which involves the right to make important decisions for the child, or physical custody, which pertains to where the child will live. West Virginia courts may grant joint custody, where both parents share responsibilities and decision-making, or sole custody to one parent if the other is deemed unfit. Factors considered in determining custody include the child's age, the child's preference, the parents' health and stability, and any history of abuse or neglect. Visitation rights may be granted to the non-custodial parent, which can be supervised if necessary to protect the child's welfare. The state's family law statutes, which can be found in the West Virginia Code, specifically in the sections related to domestic relations, outline the procedures and considerations for child custody arrangements.