Withholding a Child During Scheduled Parenting Time
Start a free AI-assisted chat and connect with an experienced West Virginia attorney, with no obligation.
Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
If I work during my parenting time can the other parent hold the said child from coming to my house without me being there?
Attorney Answer
Whether the other parent may do this turns on the wording of your parenting order — but if the order gives you that time and does not condition it on your personal presence, withholding the child is a violation you can take back to court.
W. Va. Code § 48-9-501 is the enforcement statute for parenting plans. It applies where the court finds that a parent "intentionally and without good cause violated a provision of the court-ordered parenting plan." The remedies are specific: substitute parenting time to make up what you missed; costs in recognition of lost opportunities, child care costs and other reasonable expenses; modification of the plan if the modification criteria are met; counseling for the violating parent; civil penalties of up to $100 for a first violation, $500 for a second, and $1,000 or more for later ones, paid into the parent education fund; and court costs, reasonable attorney's fees and other reasonable expenses of enforcing the plan.
Notice where the real fight is. The statute does not say whether your work schedule is or is not "good cause" for the other parent to hold the child back. That question is answered by your order. Some parenting orders say nothing about who supervises the child during a parent's time. Others contain a right-of-first-refusal clause requiring you to offer the time to the other parent when you will be away for a set number of hours. Those two orders produce opposite answers on identical facts.
What you can do
1. Pull your parenting order and read it word for word. Look for a right-of-first-refusal clause, any supervision requirement, and anything about care by a third party. 2. Log every date and time the child was withheld, and preserve the texts or messages in which the other parent refused. 3. Keep asking for your time in writing even after a refusal. A written record of requests and refusals is what proves an intentional violation. 4. File a petition to enforce the parenting plan under § 48-9-501 and ask specifically for make-up time and your attorney's fees. 5. If your work schedule genuinely conflicts with the order as written, file to modify the plan rather than working around it informally.
*Attorney review is supported by AI-assisted drafting and legal research algorithms. Use of this Chat does not create an attorney-client relationship.
By using this service you agree to our Terms of Use and our Privacy Policy.
Courts & Legal Aid in West Virginia
- File or look up a case through the West Virginia Judiciary.
- Get free civil legal help from Legal Aid of West Virginia.
- Use the LSC — Find Legal Aid to find a local legal-aid office by ZIP code.
- Use the LawHelp.org to browse free legal information and self-help resources.
- Use the ABA Lawyer Referral Directory to get matched with a local attorney through your state bar.
Frequently Asked Questions
Can I leave my child with a babysitter or a relative during my parenting time?
Nothing in § 48-9-501 forbids it — the statute is about enforcing what your order says. If your order contains a right-of-first-refusal clause, using a babysitter instead of offering the time to the other parent could put you in violation. If your order is silent, read it closely with a lawyer before you rely on it.
Can I stop paying child support while the other parent is withholding my child?
No. Support and parenting time are separate obligations, and § 48-9-501 gives you an enforcement remedy precisely so you do not have to resort to self-help. Withholding support will create a second court problem for you rather than solving the first.
What if this has happened many times already?
That helps you. Section 48-9-501 escalates the civil penalty for repeat violations — up to $100 for a first, $500 for a second, and $1,000 or more for subsequent ones — and it also allows modification of the plan where the modification criteria are met. Bring your full log of missed dates, not just the most recent one.
