Standard Parenting Time Schedules and Court Guidelines in West Virginia

By the FigureMyTax Editorial Team · How we calculate

West Virginia sets no calendar schedule in the statutes we read; the default is equal custodial time unless agreed otherwise or harmful. For support, more than 127 days a year, 35%, triggers the extended shared parenting formula.

Does West Virginia have a standard parenting time schedule?

Not as a calendar in the statutes we read. The statute sets the rule that custodial time is equal unless agreed otherwise or harmful, and the court enters a written order with findings (W. Va. Code 48-9-206); a temporary parenting order with a temporary parenting plan is entered while the case is pending (48-5-503).

Can temporary arrangements decide the final schedule in West Virginia?

The court may consider temporary agreements made by the parties after separation if it finds by a preponderance that they were consensual, but not a temporary allocation imposed by court order unless both parties agreed to it (48-9-206(c)).

What is the 127-day line in West Virginia?

Child support for extended shared parenting uses a separate worksheet where each parent has the child for more than 127 days a year (35 percent): the basic obligation is multiplied by 1.6 and apportioned to each parent by income, then by the time each has the child, with the obligations offset (48-13-501).

Pattern (other parent)	Days a year	Fewer-days parent	Share of 365	Support calculation
2 of 14 days	52	52	14.2%	Standard
3 of 14 days	78	78	21.4%	Standard
4 of 14 days	104	104	28.5%	Standard
5 of 14 days	130	130	35.6%	Extended shared
6 of 14 days	156	156	42.7%	Extended shared
7 of 14 days	183	182	49.9%	Extended shared

These are our counts of a repeating 14-day pattern before extra summer or holiday days; 35% is 127.75 days, so 128 days is the first count above the line.

What if the parents disagree about the schedule in West Virginia?

The court decides at a final hearing on evidence, with the equal-time rule as the starting point and the limits for abuse, violence and interference applied (48-9-206, 48-9-209). See the uncontested versus contested divorce in West Virginia post.

What should a written schedule cover in West Virginia?

The regular pattern, with exchange days, times and a place.
Holidays, school breaks and summer, and how they replace the regular pattern.
The day count, so child support uses the right worksheet.
Communication, transportation and decision-making.
What happens if a parent moves.

Can a plan change without a hearing on changed circumstances in West Virginia?

Yes in some cases: to follow a parenting agreement, to reflect six months of de facto care without objection, for a minor change or to accommodate a child’s firm preference at 14 or older (48-9-402).

How do changed circumstances work in West Virginia?

The court modifies a plan if facts not known or anticipated show a substantial change in the child’s or a parent’s circumstances and modification is necessary to serve the child’s best interests (48-9-401(a)).

Which calculator should I use after counting days in West Virginia?

Take the days to the West Virginia child support calculator and keep the West Virginia parenting time calculator count consistent with your plan.

Frequently asked questions

Is there a standard parenting schedule in West Virginia?

No calendar appears in the statutes we read; the rule is equal time unless agreed otherwise or harmful.

How many days is West Virginia extended shared parenting?

More than 127 days a year for each parent, 128 or more.

Does a 5-in-14 schedule reach the West Virginia 127-day line?

Yes. It is about 130 days, 35.6%.

Does a 4-in-14 schedule reach the West Virginia 127-day line?

No. It is about 104 days, 24 short.

Who sets the schedule if West Virginia parents cannot agree?

The family court at a final hearing, starting from equal time.

Official sources

Going through a divorce or custody case in West Virginia?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a West Virginia attorney

This is general information, not legal advice. It is based on the cited West Virginia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed West Virginia attorney.