West Virginia Code § 48-9-204

Criteria for temporary parenting plan
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(a) After considering the proposed temporary parenting plan filed pursuant to §48-9-203 of
this code and other relevant evidence presented, the court shall make a temporary parenting
plan that is in the best interest of the child, which shall be in writing and contain specific
findings of fact upon which the court bases its determinations. In making this determination,
the court shall give particular consideration to: e
(1) Which parent has taken greater responsibility during the last 12 months for performing
parenting functions relating to the daily needs of the child; and
(2) Which parenting arrangements will cause the least disruption to the child's emotional
stability while the action is pending.
(b) The court shall also consider the factors used to deatermine residential provisions in the
permanent parenting plan.
(c) Upon credible evidence of one or more of the circumstances set forth in §48-9-209(a) of
this code, the court shall issue a temporary order limiting or denying access to the child as
required by that section, in order to protecit the child or the other party, pending
adjudication of the underlying facts. The temporary order shall be in writing and include
specific findings of fact supporting the court's determination.
(d) Expedited procedures shall be instituted to facilitate the prompt issuance of a parenting
plan.
(e) In establishing a temporary parenting plan, there shall be a presumption in favor of equal
(50-50) physical cust ody which is rebuttable by a preponderance of the evidence, to be
evaluated andV considered in accordance with the criteria set forth in §48-9-209 of this code.

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