H. B. 2222
(By Delegates Frederick, Osborne and Flanigan)
[Introduced February 26, 1997; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section four, article two-b, chapter
forty-eight of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to extending
grandparent visitation rights.
Be it enacted by the Legislature of West Virginia:
That section four, article two-b, chapter forty-eight of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2B. GRANDPARENT VISITATION.
§48-2B-4. Grandparent visitation when parent deceased.
(a) Notwithstanding any provisions of this code to the
contrary, a grandparent may petition the circuit court of the
county of residence of any minor grandchild for an order granting
said grandparent reasonable visitation rights with the minor grandchild where the parent through whom the grandparent is
related is deceased, or where the parent through whom the
grandparent is related refuses to permit visitation.
(b) In determining the appropriateness of granting
visitation rights to a grandparent pursuant to this section, the
court shall consider the amount of personal contact between the
grandparent and minor child prior to the filing of the petition,
whether or not the granting of visitation would interfere with
the parent-child relationship and the overall effect of such
visitation on the minor child's best interest.
NOTE: The purpose of this bill is to allow, by court order,
grandparent visitation when the parent through whom the
grandparent is related refuses to permit visitation.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.