West Virginia Code § 48-5-209

Grounds for divorce; abuse or neglect of a child
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(a) A divorce may be ordered for abuse or neglect of a child of the parties or of one of the
parties, "abuse" meaning any physical or mental injury inflicted on such child including, but
not limited to, sexual molestation; and "neglect" is willful failure to provide, by a party who
has legal responsibility for such child, the necessary support, education as required by law,
or medical, surgical or other care necessary for the well-being of such childe.
(b) A divorce shall not be granted on this ground except upon clear and convincing evidence
sufficient to justify permanently depriving the offending party of any allocation of custodial
responsibility for the abused or neglected child. u
PART 3. DEFENSES.

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