Lowe v. Lowe

McGRAW, Justice:

This proceeding involves a question certified to this Court by the Circuit Court of Berkeley County pursuant to West Virginia Code § 58-6-2 (Supp.1987). That court asks whether, in a divorce action, it has the authority to grant joint custody of minor children to the parties. We find that under West Virginia Code § 48-2-15 (1986 Replacement Vol.), a circuit court may, in the divorce order, provide for joint custody of minor children when the parties so agree and when, in the discretionary judgment of the circuit court, such an agreement promotes the welfare of the child.

The…