Parental Rights in West Virginia

Protected

We did it! Thanks in part to your support, as of April 1, 2025, parental rights are protected as a fundamental right in the West Virginia Parents' Bill of Rights. This law provides (in part):

HB2129  It is a fundamental right of parents to direct the upbringing, education, care, and medical care of their minor children. The state, any of its political subdivisions, any other governmental entity, or any other state institution may not infringe on the fundamental rights of a parent to direct the upbringing, education, health care, and mental health of his or her minor child without demonstrating that such action is reasonable and necessary to achieve a compelling state interest and that such action is narrowly tailored and is not otherwise served by a less restrictive means. All parental rights are reserved to the parent of a minor child in this state without obstruction or interference from the state, any of its political subdivisions, any other governmental entity, or any other state institution.

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Affirming

However, this precedent is subject to change.

In re Willis, 157 W.Va. 225, 207 S.E.2d 129 (1973) (internal citations omitted): "In the law concerning custody of minor children, no rule is more firmly established than that the right of a natural parent to the custody of his or her infant child is paramount to that of any other person. The Supreme Court of the United States has recognized the right to raise one's children is a fundamental personal liberty guaranteed by the Due Process clause of the Fourteenth Amendment."