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Child Custody Preference Age in West Virginia

West Virginia presumes equal (50-50) custody, and the firm and reasonable preferences of a child 14 or older are a factor in deciding whether that presumption is rebutted; a mature younger child's preferences may also be accommodated.

Last checked . General information, not legal advice.

West Virginia at a glance

Age named in statute
14 (factor against 50-50 presumption)
A younger child who can intelligently express a voluntary preference may be accommodated if in the child's best interests.
How the preference is weighed
Factor in rebutting 50-50 presumption
Preference can be decisive
No, one factor among many

Sources

Last checked

The rules in West Virginia

At what age does a child's custody preference count in West Virginia?

Age named in statute in West Virginia: 14 (factor against 50-50 presumption). A younger child who can intelligently express a voluntary preference may be accommodated if in the child's best interests.

How do courts in West Virginia weigh a child's custody preference?

How the preference is weighed in West Virginia: Factor in rebutting 50-50 presumption.

Can a child's preference decide custody in West Virginia?

No, one factor among many. Preference can be decisive in West Virginia: no, one factor among many.

Where do the West Virginia child custody preference laws come from?

The rules above come from W. Va. Code 48-9-209(f)(5)(E). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.