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Family Law

West Virginia University

Family law

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Child Custody Is No Place For A Magic Formula: Why A Presumption Of 50/50 Physical Custody In West Virginia Is Not In Its Children's Best Interests, Stephanie R. Weber Mar 2023

Child Custody Is No Place For A Magic Formula: Why A Presumption Of 50/50 Physical Custody In West Virginia Is Not In Its Children's Best Interests, Stephanie R. Weber

West Virginia Law Review

The “best interest of the child” standard is used throughout family law and is the generally accepted standard for determining custody disputes. However, many states have introduced, and some have enacted, legislation that creates a presumption of joint, or “50/50,” physical custody between the parents. As psychological studies have shown, instability typically found in custody disputes can have a significant impact on a child’s life, influencing attachment style and abilities to successfully self-regulate. These findings make the 50/50 presumption a flawed concept. Courts should be able to take factors supported by this research into account when making custody determinations as …


Abstracts Of Recent Cases, T. E. P. Dec 1957

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.


Abstracts Of Recent Cases, G. W. H. Jr. Apr 1957

Abstracts Of Recent Cases, G. W. H. Jr.

West Virginia Law Review

No abstract provided.