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Key Votes

HB 3039 - Increases Court Discretion When Determining Child Custody - West Virginia Key Vote


Issues Related to HB 3039

Stage Details

Legislation - Bill Passed (House) (87-11) - (Key vote)
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Title: Increases Court Discretion When Determining Child Custody

Vote Result
Yea Votes
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Vote Smart's Synopsis:

Vote to pass a bill that increases a court's discretion in determining child custody cases.



  • Authorizes the court to modify any provisions of the parenting plan without the showing of changed circumstances if the modification is in the child’s best interests, and the modification (Article 9):

    • Reflects the de facto arrangements under which the child has been receiving care from the petitioner, without objection, in substantial deviation from the parenting plan, for the preceding 6 months before the petitioner for modification is filed, provided that the arrangement is not the result of a parent’s acquiescence resulting from the other parent’s domestic abuse;

    • Constitutes a minor modification in the plan; or 

    • Is necessary to accommodate the reasonable and firm preferences of a child who, at the discretion of the court, is sufficiently matured and they can intelligently express a voluntary preference.

Legislation - Introduced (House) -

Title: Increases Court Discretion When Determining Child Custody



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