SB 405 Text

COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 405
(By Senators Kessler, Unger, Minard and White)
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[Originating in the Committee on the Judiciary;
reported March 4, 2009.]
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A BILL to repeal §48-10-402 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-10-401 of said code, 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That §48-10-402 of the Code of West Virginia, 1931, as amended, be repealed; and that §48-10-401 of said code be amended and reenacted to read as follows:
ARTICLE 10. GRANDPARENT VISITATION.
§48-10-401.

Grandparent visitation motions or petitions- jurisdiction.

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.
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(NOTE: The purpose of this bill is to require petitions for grandparent visitation generally be filed in family court. Only when there is a pending abuse or neglect proceeding pending in circuit court would a visitation motion or petition be filed in circuit court. This is accomplished by repeal of §48-10-402 and the redrafting of §48-10-401, the provisions of which are completely rewritten; therefore, there are no strike throughs or underlining.)

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