This bill amends West Virginia Code §48-9-209 to allow judges to refer parents who knowingly make false accusations of child abuse or neglect, or domestic violence during child custody proceedings, to the appropriate prosecuting authority for potential criminal charges. The bill introduces new provisions that require the court to consider various factors when determining custodial responsibility, including whether a parent has made fraudulent reports of domestic violence or child abuse. If a parent is found to have made a false accusation, the court may order reimbursement for costs incurred in defending against the accusation and may also refer the matter for criminal investigation.

Additionally, the bill outlines specific considerations for the court when establishing parenting plans, including the imposition of protective measures if a parent is found to have engaged in harmful behavior. The court must ensure that any allocation of custodial responsibility does not endanger the child or the other parent, placing the burden of proof on the parent found to have engaged in such behavior. Overall, the bill aims to enhance the integrity of child custody proceedings by addressing the issue of false accusations and ensuring the safety and well-being of children involved.

Statutes affected:
Introduced Version: 48-9-209