H.
B.
4479
(By Delegates Pethtel, Pino, Tribett, Petersen,
Varner and Mezzatesta)
[Introduced February 15, 1994; referred to the
Committee on the Judiciary.]
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, relating to rights of grandparents of minor children; and including a legal guardian and step-parent within the term of grandparent, for the 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, step-parent and legal guardian 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, step-parent or other 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.
NOTE: The purpose of this bill is to give former and current legal guardians or step-parents of parents of minor children the same rights to visit those minor children as grandparents have to visit grandchildren.
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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