West Virginia Code § 48-9-602

Designation of custody for the purpose of other state and federal
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statutes.
Solely for the purposes of all other state and federal statutes which require a designation or
determination of custody, a parenting plan shall designate the parent with whom the child is
scheduled to reside the majority of the time as the custodian of the child. However, this
designation shall not affect either parent's rights and responsibilities undere a parenting
plan. In the absence of such a designation, the parent with whom the child is scheduled to
reside the majority of the time is considered to be the custodian of the rchild for the purposes
of such federal and state statutes. When a court orders that custodial allocation shall be on
an equal (50-50) basis, the court shall also specify in its order which parent may claim state
and federal income tax deductions and exemptions for the child or children: Provided, That
such claims to state and federal income tax deductions and etxemptions for the child or
children may be divided equitably between the parents, year to year.

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