Parenting plans—also known as custody agreements or custody and visitation agreements—are proposals submitted by parents for how issues involving children should be handled following a divorce or other proceeding in family court. The court will usually request the parents submit such a document proposing how conservatorship (decision-making), custody or possession, support, and other issues will be handled. The court may adopt some or all of these proposals and include them in the court’s order (divorce decree, child support and custody order), at which point the become legally enforceable.
In many states there is a standard possession order (SPO) that serves as the default terms for such matters, and as a useful starting point for parents who wish to modify it by agreement.
In West Virginia, parenting plans are essential components of family law proceedings involving children. These plans outline how divorced or separated parents will share responsibilities, including decision-making authority (conservatorship), custody, visitation (possession), and child support. West Virginia law encourages parents to work together to create a parenting plan that serves the best interests of the child. If parents can agree on a plan, the court will typically review it to ensure it meets legal standards and the child's needs before incorporating it into a final order, which can be a divorce decree or a child custody and support order. If parents cannot agree, the court may establish the terms of the parenting plan. While West Virginia does not have a 'standard possession order' (SPO) like some states, the state's guidelines aim to ensure that the child has frequent and continuing contact with both parents, provided it is in the child's best interest. The court's primary consideration is always the welfare of the child, and any parenting plan must reflect that principle to be approved and made legally enforceable.