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 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.

Additionally, the bill outlines specific considerations for the court when establishing parenting plans, including the need to protect the child and the other parent from harm. It emphasizes the importance of ensuring that any allocation of custodial responsibility to a parent found to have engaged in harmful behavior is accompanied by special written findings to ensure the safety of the child. The bill aims to address the serious implications of false reporting in custody disputes and to enhance the protection of children and parents involved in such proceedings.

Statutes affected:
Introduced Version: 48-9-209