Senate Bill No. 22

(By Senators Minear, Hunter, White, Boley, Scott, Love and Schoonover)

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[Introduced February 12, 1997; referred to the

Committee on the Judiciary.]

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A BILL to amend and reenact section one, article two-b, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section ten, all relating to creating a presumption that grandparent visitation is in the best interest of the child unless a party objecting to the grandparent visitation shows that it would be unsafe for the child; defining grandparent visitation; requiring that an order of the circuit court relating to grandparent visitation be clearly stated in writing; and allowing a grandparent who has been denied visitation by the mother or the father for a period of ninety days or longer to petition the circuit court for an order granting the grandparent reasonable visitation rights.

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Be it enacted by the Legislature of West Virginia:
That section one, article two-b, chapter forty-eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section ten, all to read as follows:

ARTICLE 2B. GRANDPARENT VISITATION.

§48-2B-1. Legislative findings; intent; presumption; definitions; writing requirement.

(a) The Legislature finds that circumstances may arise where it is appropriate for circuit courts of this state to have jurisdiction to grant to the grandparents of minor children a right of visitation to enhance the best interests of the minor child or children as well as the grandparent. The Legislature further finds that in such situations, as in all situations involving children, the best interests of children must be the paramount consideration. It is the express intent of the Legislature that the provisions for grandparent visitation set forth in this article shall be exclusive and under all circumstances the interests of the child or children involved shall be the court's first and paramount consideration. However, grandparent visitation shall be presumed to be in the best interest of the child unless a party objecting to the grandparent visitation shows that it would be unsafe for the child.
(b) For purposes of this article, "grandparent" means a biological grandparent, a person married or previously married to a biological grandparent, or a person who has previously been granted custody of the parent of a minor child with whom visitation is sought by a court of competent jurisdiction.
(c) "Grandparent visitation" means unsupervised visits where spontaneity between child and grandparents can be enjoyed in natural settings.
(d) An order of a circuit court concerning the granting or denial of grandparent visitation shall be clearly stated in writing.

§48-2B-10. Grandparent visitation when visitation with minor child denied for ninety days or more.

Notwithstanding any other provision to the contrary, a grandparent may petition the circuit court of the county in which he or she resides for an order granting the grandparent reasonable visitation rights where the grandparents are denied visitation by one or both of the parents of the minor child for a period of ninety days or more.

NOTE: The purpose of this bill is to create a presumption that grandparent visitation is in the best interest of the child unless a party objecting to the grandparent visitation shows that it would be unsafe for the child; define grandparent visitation; require that an order of a circuit court be clearly stated in writing; and allow a grandparent who has been denied visitation by the mother or the father for a period of ninety days or longer to petition the circuit court for an order granting the grandparent reasonable visitation rights.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§48-2B-10 is new; therefore, underscoring and strike-throughs have been omitted.