West Virginia Parenting Plan Template
Every clause a West Virginia parenting plan needs, with model wording using West Virginia's own terminology decision-making responsibility and custodial responsibility.
Filing in West Virginia
The words West Virginia uses
Every clause below is written in West Virginia's own vocabulary. If you have read a template from another state, these are the substitutions that matter.
- Legal custody
- decision-making responsibility
- Parenting time
- custodial responsibility
- Parenting plan
- parenting plan
Who decides on school, health care and religion.
The time the children spend with each parent.
What the Family Court calls the filed document.
Parties and children
Who the plan is between and who it covers. Short, but it defines every term used later.
1.1 The parents
Identifies both parents and fixes the names used throughout the document.
What you decide
- Each parent's full legal name
- Which parent is referred to first throughout the plan
Model wording
This Parenting Plan is made between [PARENT A FULL NAME] ("[FIRST NAME]") and [PARENT B FULL NAME] ("[FIRST NAME]"), the parents of the child or children named below.1.2 The children
Identifies exactly which children the plan applies to.
What you decide
- Each child's full name
- Each child's date of birth
Model wording
This Plan applies to the following child(ren): [CHILD FULL NAME], born [DATE OF BIRTH].
Common mistake: Plans that say "the children" without naming them cause problems if one child later ages out or a sibling is added.
Residential schedule
The core of the plan: which parent the children are with on every night of the year.
2.1 The regular schedule
States the repeating pattern, when it starts, and who has which nights.
What you decide
- The schedule pattern
- The date the rotation begins
- Which parent has the first block
Model wording
Beginning [START DATE], the children shall reside with the parents on a [PATTERN NAME] schedule. [PARENT A] shall have the children from [DAY] at [TIME] until [DAY] at [TIME]. [PARENT B] shall have the children from [DAY] at [TIME] until [DAY] at [TIME]. This cycle repeats every [N] days.
Common mistake: Naming a pattern without a start date makes it impossible to know which parent has which weekend.
2.2 Annual overnight allocation
States the overnight count each parent has per year, the figure courts and support calculators use.
What you decide
- The annual overnight count for each parent
Model wording
Under this schedule, and taking the holiday schedule in Section 3 into account, [PARENT A] shall have [N] overnights per year ([N]%) and [PARENT B] shall have [N] overnights per year ([N]%).
Common mistake: Stating a percentage that does not match the calendar. Calculate it from the schedule, do not estimate it.
2.3 School year and summer
Says whether the regular schedule runs all year or changes during the summer.
What you decide
- Whether the regular schedule continues through the summer
- The dates the school year is treated as starting and ending
Model wording
The regular schedule shall apply during the school year, defined as the first day of school through the last day of school as published by [SCHOOL DISTRICT]. The summer schedule in Section 3 shall apply outside those dates.
Holidays and school breaks
The section that overrides the regular schedule, and the one that prevents an argument every year.
3.1 Holidays take precedence
Removes any ambiguity about which section wins when they conflict.
What you decide
- Nothing, include this clause as written
Model wording
The holiday schedule in this Section takes precedence over the regular residential schedule in Section 2. Following a holiday block, the regular schedule resumes as though it had not been interrupted.
Common mistake: Without this clause, two sections of the plan give different answers for December 25.
3.2 Holiday rotation
Assigns each holiday to a parent on an alternating, split or fixed basis.
What you decide
- Which holidays are included
- Which parent has each holiday in even-numbered years
- The exact start and end times for each holiday block
Model wording
[HOLIDAY] shall be with [PARENT A] in even-numbered years and [PARENT B] in odd-numbered years, from [TIME] on [START DATE] until [TIME] on [END DATE].
Common mistake: "Alternating as agreed" with no starting year. Name the year the rotation begins.
3.3 Winter break
Divides the longest school break, usually in halves that alternate.
What you decide
- Whether the break is split or alternated whole
- Where the midpoint falls
- How Christmas Eve and Christmas Day sit inside it
Model wording
Winter break shall be divided into two equal halves. In even-numbered years [PARENT A] shall have the first half and [PARENT B] the second, alternating in odd-numbered years. Christmas Eve and Christmas Day shall be allocated as set out above regardless of which half they fall in.
3.4 Summer
Handles the largest block of the year, six to ten weeks.
What you decide
- Alternating weeks, blocks, or the regular schedule plus selected weeks
- How many uninterrupted weeks each parent may take
- The deadline for selecting dates and who has priority in a clash
Model wording
During summer break the children shall alternate weeks between the parents, exchanging each [DAY] at [TIME]. Each parent may additionally designate [N] consecutive weeks for vacation, notified in writing by [DATE] each year. If both parents select overlapping weeks, [PARENT A] shall have priority in even-numbered years and [PARENT B] in odd-numbered years.
Common mistake: "Each parent shall have two weeks of vacation" with no selection deadline and no tiebreaker.
3.5 Birthdays and special days
Covers the days that matter emotionally and are easy to forget.
What you decide
- How each child's birthday is handled
- Mother's Day and Father's Day
- Any religious or cultural observances specific to your family
Model wording
Each child's birthday shall be with [PARENT A] in even-numbered years and [PARENT B] in odd-numbered years. Mother's Day shall be with the mother and Father's Day with the father each year, from [TIME] the preceding day until [TIME].
Exchanges and transportation
Where exchanges happen, when, and who drives. The five minutes that set the tone for everything else.
4.1 Exchange location
Fixes where exchanges happen so nobody has to negotiate it.
What you decide
- Whether exchanges happen at school, at a home, or somewhere neutral
- A specific address or place name
Model wording
Exchanges shall take place at [LOCATION]. Where the schedule allows, exchanges shall occur at the children's school, with one parent dropping off in the morning and the other collecting at the end of the school day.
Common mistake: "A mutually convenient location" means there is no location.
4.2 Exchange times
States exact clock times rather than events.
What you decide
- The weekday exchange time
- The weekend exchange time
- Whether times change during school holidays
Model wording
Weekday exchanges shall occur at [TIME]. Weekend exchanges shall occur at [TIME]. Where an exchange falls on a school day and the school exchange applies, the exchange occurs at the start and end of the school day.
4.3 Transportation
Says who drives in each direction.
What you decide
- Which parent transports for each exchange
- Who may collect the children besides the parents
Model wording
The parent beginning their parenting time shall be responsible for transportation. The children may be collected only by a parent or by [NAMED PERSONS], unless otherwise agreed in writing.
4.4 Lateness
Prevents every late arrival becoming a negotiation.
What you decide
- The grace period
- What happens once it is exceeded
- Notification requirements
Model wording
A parent who will be more than [N] minutes late shall notify the other parent as soon as practicable. If a parent is more than [N] minutes late without notice, the waiting parent may leave and that period shall be forfeited.
Decision-making
Who decides on the major things. Day-to-day decisions stay with whoever has the children.
5.1 Major decisions
Allocates authority over education, health care, religion and activities.
What you decide
- Joint, joint with a tiebreaker, or sole, for each category separately
- Which parent holds any tiebreaker
- How long the other parent has to respond before it applies
Model wording
The parents shall share decision-making responsibility and shall consult with each other on all major decisions concerning education, non-emergency health care, religious upbringing and significant extracurricular activities. If the parents cannot agree after [N] days of good-faith consultation, [PARENT] shall have final decision-making authority in respect of [CATEGORY].
Common mistake: Joint decision-making with no tiebreaker and no dispute-resolution step means every deadlock goes to court.
5.2 Day-to-day decisions
Confirms that routine matters do not require consultation.
What you decide
- Nothing, include this clause as written
Model wording
Each parent shall make routine day-to-day decisions concerning the children during their own parenting time without the need to consult the other parent.
5.3 Emergencies
Allows immediate action and requires prompt notification.
What you decide
- How quickly the other parent must be notified
Model wording
In a medical emergency either parent may authorize emergency treatment and shall notify the other parent as soon as reasonably possible, and in any event within [N] hours.
Communication
How the parents talk to each other, and how each parent contacts the children.
6.1 Between the parents
Sets one channel and one response time.
What you decide
- The channel for routine matters
- The channel for emergencies
- The response time
Model wording
Routine communication between the parents shall be by [METHOD]. Emergencies may be communicated by [METHOD]. Each parent shall respond to non-urgent communication within [N] hours. Communication shall be limited to matters concerning the children and shall remain courteous.
6.2 Contact with the children
Gives the off-duty parent a predictable rhythm rather than a permission.
What you decide
- Which days and at what time
- How long
- Whether the receiving parent must facilitate
Model wording
Each parent may contact the children by telephone or video call on [DAYS] at approximately [TIME] for up to [N] minutes. The parent then caring for the children shall facilitate the call and allow the conversation to take place privately.
Common mistake: "Reasonable telephone contact" is unenforceable. Name days and times.
6.3 Information sharing
Ensures both parents get school, medical and activity information.
What you decide
- What must be shared and how quickly
Model wording
Each parent shall promptly provide the other with copies of school reports, medical records, and notice of any illness, injury, school event or activity in which the children are involved. Both parents shall be listed as emergency contacts and shall have direct access to school and medical records.
Standard provisions
The clauses that prevent a disproportionate share of future conflict.
7.1 Right of first refusal
Offers the other parent the time before third-party childcare is arranged.
What you decide
- The threshold in hours, or overnight
- Notice and response times
- Carve-outs for school, camp and regular childcare
Model wording
If a parent requires childcare for more than [N] consecutive hours during their parenting time, they shall first offer that time to the other parent, who shall respond within [N] hours. This does not apply to school, regular childcare arrangements, or care by [NAMED PERSONS].
Common mistake: A threshold below about four hours turns this clause into a surveillance obligation.
7.2 Relocation
Sets notice requirements before either parent moves.
What you decide
- Notice period
- The distance that triggers it
Model wording
A parent intending to relocate the children's residence by more than [N] miles shall give the other parent at least [N] days' written notice, and shall comply with any additional notice requirements imposed by law.
7.3 Travel
Covers trips away with the children.
What you decide
- Notice for out-of-state and international travel
- Whether an itinerary is required
- Who holds the passports
Model wording
A parent traveling out of state with the children shall give at least [N] days' notice and provide an itinerary including destinations, dates and contact details. Passports shall be held by [PARENT] and released for travel on request.
7.4 Dispute resolution
Requires a step before returning to court.
What you decide
- Mediation, a parenting coordinator, arbitration, or court
Model wording
Before filing any application to enforce or modify this Plan, except in an emergency, the parents shall first attempt to resolve the dispute through [METHOD], with the cost shared equally.
7.5 Changes to this plan
Explains how the plan itself gets changed.
What you decide
- Whether changes must be in writing
- Any scheduled reviews
Model wording
This Plan may be modified by written agreement of both parents, submitted to the court for approval, or by order of the court. Temporary changes agreed between the parents do not alter this Plan unless recorded in writing.
Signatures
Both parents sign and date; some courts require notarization.
8.1 Execution
Makes the document ready for submission.
What you decide
- Whether your court requires notarization
- Whether a certification block is required
Model wording
We, the undersigned, agree to the terms of this Parenting Plan and ask the Court to approve it and enter it as an order. _______________________________ Date: ____________ [PARENT A FULL NAME] _______________________________ Date: ____________ [PARENT B FULL NAME]