H. B. 2762
(By Delegates Frazier, Tabb, Fleischauer, Barker,
Miley, Longstreth, Sobonya, Hamilton and Schoen)
[Introduced February 23, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §48-10-401 and §48-10-402 of the Code
of West Virginia, 1931, as amended, all relating generally to
jurisdiction for petitions by grandparents for visitation of
grandchild.
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
circuit court or 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.
§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 circuit court
or 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)]."
NOTE: The purpose of this bill is to require petitions for
grandparent visitation be filed in family court when an action
involving that child, or his or her parents, is pending in family
court. If there is not a pending proceeding involving the child,
or his or her parents then the grandparent seeking visitation may
file in either family court of circuit court.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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