West Virginia Code § 48-1-218

Custodial parent defined
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"Custodial parent" or "custodial parent of a child" means a parent who has been granted
custody of a child by a court of competent jurisdiction. "Noncustodial parent" means a
parent of a child with respect to whom custody has been adjudicated with the result that
such parent has not been granted custody of the child.

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