Senate Bill No. 684
(By Senator Caruth)
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[Introduced February 20, 2006; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact §48-10-502 of the Code of West
Virginia, 1931, as amended, relating to grandparent visitation
generally.
Be it enacted by the Legislature of West Virginia:
That §48-10-502 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 10. GRANDPARENT VISITATION.
§48-10-502. Factors to be considered in making a determination as
to a grant of visitation to a grandparent
.
(a) In making a determination on a motion or petition the
court shall consider the following factors:
(1) The age of the child;
(2) The relationship between the child and the grandparent;
(3) The relationship between the child and parent;
(3) (4) The relationship between each of the child's parents
or the person with whom the child is residing and the grandparent;
(4) (5) The time which has elapsed since the child last had contact with the grandparent;
(5) (6) The effect that such visitation will have on the
relationship between the child and the child's parents or the
person with whom the child is residing;
(6) (7) If the parents are divorced or separated, the custody
and visitation arrangement which exists between the parents with
regard to the child;
(7) (8) The time available to the child and his or her
parents, giving consideration to such matters as each parent's
employment schedule, the child's schedule for home, school and
community activities, and the child's and parents' holiday and
vacation schedule;
(8) (9) The good faith of the grandparent in filing the motion
or petition;
(9) (10) Any history of physical, emotional or sexual abuse or
neglect being performed, procured, assisted or condoned by the
grandparent;
(11) Any history of physical, emotional or sexual abuse or
neglect being performed, procured, assisted or condoned by the
parent, including any criminal activity or history;
(10) (12) Whether the child has, in the past, resided with the
grandparent for a significant period or periods of time, with or
without the child's parent or parents;
(11) (13) Whether the grandparent has, in the past, been a
significant caretaker for the child, regardless of whether the
child resided inside or outside of the grandparent's residence;
(12) (14) The preference of the parents with regard to the
requested visitation; and
(13) (15) Any other factor relevant to the best interests of
the child.
(b) Although no single factor shall be determinative, the
circuit court shall give due regard and consideration to the time
spent with the child prior to the absence of contact between the
child and the grandparent, as well as the circumstances and basis
for the lapse in time since the child last had contact with the
grandparent. If the circuit court determines, by a preponderance
of the evidence, that the absence of contact between the child and
grandparent was not the fault of the grandparent, such factor shall
not be used to the detriment of the grandparent.
NOTE: The purpose of this bill is to revise the grandparent
visitation statute to include additional factors regarding the
child's relationship with the parents and requiring that the court
consider the amount of time the child spent with the grandparents
prior to the absence of contact.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.