West Virginia Code § 48-11-402

Modification without showing of changed circumstances
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(a) The court shall modify a parenting plan in accordance with a parenting agreement,
unless it finds that the agreement is not knowing and voluntary or that it would be harmful
to the child.
(b) The court may modify any provisions of the parenting plan without the showing of change
circumstances required by subsection (a), section four hundred one of this article if the
modification is in the child's best interests, and the modification:
(1) Reflects the de facto arrangements under which the child hasu been receiving care from
the petitioner, without objection, in substantial deviation from the parenting plan, for the
preceding six months before the petition for modification is filed, provided the arrangement
is not the result of a parent's acquiescence resulting from the other parent's domestic abuse;
(2) Constitutes a minor modification in the plan; or
(3) Is necessary to accommodate the reasonable and firm preferences of a child who has
attained the age of fourteen.
(c) Evidence of repeated filings of fraudulent reports of domestic violence or child abuse is
admissible in a domestic relations action between the involved parties when the allocation of
custodial responsibilities is in issue, and the fraudulent accusations may be a factor
considered by the court in making the allocation of custodial responsibilities.

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