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Key: Green = existing Code. Red = new code to be enacted
ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 405
(Senators Kessler, Unger, Minard and White, original sponsors)
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[Passed April 8, 2009; in effect ninety days from passage.]
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AN ACT to amend and reenact §48-10-401 and §48-10-402 of the Code
of West Virginia, 1931, as amended, all relating to circuit
and family court jurisdiction over petitions for grandparent
visitation; and establishing exclusive family court
jurisdiction over such petitions or motions except when the
child or children with whom visitation is sought are the
subject or subjects of a pending abuse or neglect petition in
the circuit court.
Be it enacted by the Legislature of West Virginia:
That §48-10-401 and §48-10-402 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 10. GRANDPARENT VISITATION.
§48-10-401. Motion for grandparent visitation when action for
divorce, custody, legal separation, annulment or
establishment of paternity is pending.
(a) The provisions of this section apply to any pending actions for divorce, custody, legal separation, annulment or
establishment of paternity.
(b) After the commencement of the action, a grandparent
seeking visitation with his or her grandchild may, by motion, apply
to the family court for an order granting visitation. A
grandparent moving for an order of visitation will not be afforded
party status, but may be called as a witness by the court, and will
be subject to cross-examination by the parties.
(c) Motions or petitions for grandparent visitation shall be
filed and heard in the family court except when an abuse or neglect
proceeding involving the child or children is pending before the
circuit court, in which case the motion or petition shall be filed
and heard in the circuit court.
§48-10-402. Petition for grandparent visitation when action for
divorce, custody, legal separation, annulment or
establishment of paternity is not pending.
(a) The provisions of this section apply when no proceeding
for divorce, custody, legal separation, annulment or establishment
of paternity is pending.
(b) A grandparent may petition the family court for an order
granting visitation with his or her grandchild, regardless of
whether the parents of the child are married. If the grandparent
filed a motion for visitation in a previous proceeding for divorce,
custody, legal separation, annulment or establishment of paternity,
and a decree or final order has issued in that earlier action, the grandparent may petition for visitation if the circumstances have
materially changed since the entry of the earlier order or decree.
(c) When a petition under this section is filed, the matter
shall be styled "In re grandparent visitation of [petitioner's(s')
name(s)]".
(d) Motions or petitions for grandparent visitation shall be
filed and heard in the family court except when an abuse or neglect
proceeding involving the child or children is pending before the
circuit court, in which case the motion or petition shall be filed
and heard in the circuit court.