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. Additionally, if a court finds that a false accusation was made, it can order reimbursement for costs incurred in defending against the accusation and refer the matter for criminal investigation.

The bill also outlines specific considerations for the court when entering parenting plans, including the imposition of limits to protect the child and the other parent if any harmful behavior is identified. It emphasizes the importance of ensuring the safety of the child and the other parent by allowing for adjustments in custodial responsibilities and requiring special findings if a parent with a history of harmful behavior is to be granted custodial rights. Overall, the legislation aims to address the issue of false reporting in custody disputes and enhance the protection of children and parents involved in such proceedings.

Statutes affected:
Introduced Version: 48-9-209