West Virginia Code § 48-31-304

Effect of prior judicial order or agreement
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In a proceeding for a grant of custodial responsibility pursuant to this article, the following rules
apply:
(1) A prior judicial order, designating custodial responsibility if there is deployment, is binding on
the court unless the circumstances meet the requirements of law of this state other than this article
for modifying a judicial order regarding custodial responsibility.
(2) The court shall enforce a prior written agreement between the parents for designating custodial
responsibility if there is deployment, including an agreement executedu under section two hundred
one of this article, unless the court finds that the agreement is contrary to the best interest of the
child.

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