WEST virginia Legislature

2020 regular session

Enrolled

Senate Bill 51

By Senators Cline, Baldwin, Romano, Jeffries, and Pitsenbarger

[Passed March 6, 2020; in effect 90 days from passage]

AN ACT to amend and reenact §48-10-802 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §48-10-803, all relating to specifying forms of grandparent visitation; allowing daytime and overnight visits as well as electronic communication; and defining the term “electronic communication”.

Be it enacted by the Legislature of West Virginia:

ARTICLE 10. GRANDPARENT VISITATION.

§48-10-802. Grandparent visitation orders.

In the court’s discretion, an order granting visitation privileges to a grandparent may provide for daytime visits, overnight visits and electronic communications. For the purposes of this section, the term “electronic communications” includes, but is not limited to, communications by telephone, email, Skype, Facetime, text messaging and instant messaging.

§48-10-803.  Supervised visitation; conditions on visitation.

In the court’s discretion, an order granting visitation privileges to a grandparent may require supervised visitation or may place such conditions on visitation that it finds are in the best interests of the child, including, but not limited to, the following:

(1) That the grandparent not attempt to influence any religious beliefs or practices of the children in a manner contrary to the preferences of the child’s parents;

(2) That the grandparent not engage in, permit or encourage activities, or expose the grandchild to conditions or circumstances that are contrary to the preferences of the child’s parents; or

(3) That the grandparent not otherwise act in a manner to contradict or interfere with child-rearing decisions made by the child’s parents.