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House Bill 4479 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H.
B. 4479
(By Delegates Pethtel, Pino, Tribett,
Petersen, Varner and Mezzatesta)
[Passed March 10, 1994; in effect ninety days from passage.]
AN ACT 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, relating to rights of grandparents of minor children generally; and defining the term "grandparent" for purposes of visitation rights.
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 to read as follows:
ARTICLE 2B. GRANDPARENT VISITATION.
§
48-2B-1. Legislative findings; intent; definitions.
(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.
(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.
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